Years of Experience
CREDITORS' RIGHTS / BANKRUPTCY
Our creditors' rights and bankruptcy practice is broader than the name implies. It is a unique practice area which requires in-depth knowledge of the law, an understanding of how the clients’ rights fits into the broader economic framework, and a full range of both transactional and litigation skills. We have extensive experience representing secured and unsecured lenders, landlords, receivers, and other creditor clients in distressed debt transactions. Our core strength is handling matters creatively in order to solve our clients’ problems in a timely and cost-efficient manner. As a result, we handle both complex and sophisticated creditors’ rights matters as well as more routine matters with the same team based approach.
We have been particularly successful in recovering on defaulted commercial and residential real estate loans and enforcing our clients’ rights through various means, including negotiating workouts, forbearance agreements or loan modifications, filing litigation where appropriate to achieve our clients’ goals, seeking the appointment of court-appointed receivers, or negotiating asset and/or loan sales. We also defend our clients against lender liability claims, prosecute eviction and ejectment actions where necessary, assist in pre- and post-foreclosure title issues, and institute replevin matters to assist our clients in seizing personal property pledged as collateral.
Our team considers a debtor’s bankruptcy filing to be an opportunity rather than a hurdle. We aggressively pursue stay relief, challenge plan confirmations, and object to a debtor’s discharge where appropriate. We work with the bankruptcy trustees to maximize our client’s recovery in the most expeditious way possible. We routinely deal with lease assumption and/or rejection disputes, and defend claims objections, and preference/fraudulent conveyance litigation.