| CREDITORS’
RIGHTS/BANKRUPTCY PRACTICE
We have a long and successful record of protecting
the rights of both secured and unsecured creditors. Our
clients include banks, hospital systems, corporations and
individuals. We counsel our clients in developing a strategy
to maximize their recovery or minimize their loss. When
consistent with our clients’ objectives, we have been
successful in keeping matters out of court as a means of
controlling costs and increasing efficiency. Special areas
of experience include the following:
Representation
in Bankruptcy Proceedings
We advocate and protect the rights of creditors
in Chapter 7, 11 and 13 bankruptcy proceedings. Depending
upon the needs of our client and the circumstances of the
particular engagement, we:
•
prosecute motions for relief from the automatic bankruptcy
stay in order for our clients to continue or initiate
legal actions necessary to protect their rights, such
as foreclosure proceedings;
• negotiate cash collateral orders and defend against
proceedings brought by the debtor to use our clients’
cash collateral;
• pursue and recover assets from the trustee or
debtor in bankruptcy;
• prosecute objections to discharge of the debtor
or dischargeability of a specific debt;
• defend preference actions brought by the debtor
or trustee to disallow pre-bankruptcy transfers;
• prosecute and defend all types of adversary proceedings;
and
• attend the Section 341 first meeting of creditors
and file proofs of claim.
Protection
of Creditors’ Rights Outside of Bankruptcy
Outside of Bankruptcy Court, we counsel and
provide experience and expertise to our bank and corporate
clients, large and small, in the following areas:
•
collection of commercial debts;
• prosecution and defense of contract and other
litigation, such as lender liability, lease termination
and disputes under the Uniform Commercial Code;
• representation in out-of-court workouts;
• identifying and setting aside fraudulent conveyances;
and
•
structuring and enforcement of secured transactions.
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