Practice Areas

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Litigation: Creditors' Rights

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 counsel our clients in developing strategies to maximize their recoveries or minimize their losses.

We have advocated and protected the rights of creditors in Chapters 7, 11, and 13 bankruptcy proceedings.

Our experience includes:

  • Prosecuting motions for relief from the automatic bankruptcy stay in order to continue or initiate legal actions necessary to protect our clients' rights
  • Negotiating cash collateral orders and defending against proceedings brought by the debtor to use our clients' cash collateral
  • Recovering assets from the trustee or debtor in bankruptcy
  • Prosecuting objections to discharge of the debtor or dischargeability of specific debts
  • Defending preference actions brought by the debtor or trustee to disallow pre-bankruptcy transfers
  • Prosecuting and defending all types of adversary proceedings

Keeping costs down by keeping things out of court.

When consistent with our clients' objectives, we have been successful in keeping matters out-of-court to control costs and increase efficiency.

We have protected the rights of our banking and corporate clients outside of bankruptcy proceedings by collecting commercial debts; prosecuting and defending contract and other litigation, such as lender liability, lease termination and disputes under the Uniform Commercial Code; representing clients in out-of-court workouts; identifying and setting aside fraudulent conveyances; and structuring and enforcing secured transactions.

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