Our creditor’s rights and bankruptcy practices are designed to be efficient and to get results. Financial institutions and small businesses frequently find themselves in the position of creditors. We provide quick analysis and fast action to protect their rights. If a borrower files for bankruptcy in anticipation of collection or after enforcement or foreclosure has begun, we have the bankruptcy knowledge, are savvy with security instruments and protecting collateral, to put our clients in the best position possible.

Creditor’s Rights Practice

Non-bankruptcy fraudulent conveyance and other avoidance actions;

Constructive trusts;

Receiverships;

Writs of attachment, writs of possession (also known as replevin or claim and delivery) and other pre-judgment remedies;

Judicial and non-judicial foreclosures;

Defense of lender liability claims;

Execution, garnishment, judgment debtor examinations and other methods of enforcement of judgments; and,

Complex real-estate litigation.

Bankruptcy Practice

In bankruptcy proceedings, we act on behalf of creditors including banks, financial institutions, secured real-property lenders, and other interested parties. Our practice includes such areas as:

Objections to disclosure statements and plans;

Negotiating, formulating and proposing competing plans of reorganization;

Cash collateral stipulations and adequate protection;

Cram-down litigation;

All aspects regarding unexpired leases and executory contracts and intellectual property licenses;

Prosecution and defense of avoidance actions (fraudulent transfers, preferences, etc.);

Turnover actions;

Abstention and removal issues;

Involuntary petitions;

Non-dischargeability actions;

Resolution of lien priority, intercreditor and subordination issues; and,

Relief from stay litigation.