Creditors' Rights
ICRH's creditors' and debtors' rights group is a skilled, experienced team of attorneys concentrating in the bankruptcy, restructuring and workout areas.
We have a long, successful record of protecting the rights of secured and unsecured creditors. Our clients include banks, hospital systems, corporations and individuals.
We help our clients build 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 to control costs and increase efficiency.
Our Creditors' Practice
Our special areas of experience include:
Representation in Bankruptcy Proceedings
We advocate and protect the rights of creditors in Chapters 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 automatic bankruptcy
- Negotiate cash collateral orders and defend against proceedings brought by the debtor to use our clients' cash collateral
- Prosecute motions for assumption or rejection of executory contracts
- Pursue and recover or purchase 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 motions to establish administrative claims
- Prosecute and defend all types of adversary proceedings
- Represent creditors throughout the confirmation process in Chapters 11 and 13
- Attend the Section 341 first meeting of creditors, and file and defend proofs of claim
Protection of Creditors' Rights Outside of Bankruptcy
Outside of Bankruptcy Court, we counsel and provide our experience to our clients, large and small, in these 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
- Restructuring and enforcement of secured transactions
Our Debtors' Practice
Our attorneys' extensive background in creditors' rights makes us uniquely situated to undertake select cases on behalf of debtors.
We believe debtors are best kept out of Chapter 11 and employ our substantial bankruptcy and restructuring experience to counsel them and accomplish out-of-court resolutions to do just that.
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