Creditors' Rights

Lenders, private equity firms, credit managers and other creditors such as landlords, vendors, suppliers, and food distributors turn to us for resourceful solutions to maximize the recovery of troubled debt in bankruptcy cases and out-of-court restructurings. We know that our clients work under critical deadlines and we are committed to providing real-time advice and responsiveness. We anticipate complications rather than simply reacting to them. Our solutions are both practical and efficient. We work with our colleagues in real estate, environmental, litigation and other practice groups, as needed, to provide our clients with the services necessary to protect their interests. Our attorneys represent creditors in all facets of bankruptcy, state court receivership, collection, foreclosure and post-judgment proceedings. Our representation spans both secured and unsecured creditor groups. We pursue judgment enforcement and collection matters for our clients. Our tenacious approach to collecting domestic and foreign money judgments is unparalleled. Creditors turn to us to defend them against lender liability, fraudulent transfer, preferential transfer, equitable subordination and other claims arising in bankruptcy and receivership cases throughout the country.

If a matter or issue cannot be resolved, we are able to rely on our skilled litigation team to protect the value of our clients’ investments through in-court bankruptcy and any other insolvency proceedings. With Chapter 11 litigation, we will defend against fraudulent conveyance claims and challenges to acquisitions.

Select Representative Matters

• Represented our client in a bankruptcy proceeding in which they were a significant creditor and potential defendant in avoidance actions. We negotiated a plan of reorganization and settlement that provided for a recovery in favor of our client and the elimination of potential liability.
• Obtained a dismissal of a six-count preference and fraudulent transfer complaint on behalf of a corporate creditor in defense of an adversary proceeding, resulting in zero overall liability for the client.
• Lead counsel to secured creditor/DIP lender to stainless steel pipe and tube manufacturer and distributor.
• Counsel for the secured creditor in the bankruptcy of a manufacturer of pharmaceuticals, Able Laboratories.
• Represent a national self-storage company as the creditor in bankruptcy cases throughout the United States.