Creditors’ Rights and Bankruptcy
The firm’s creditors’ rights practice group represents creditors in a wide variety of matters, including credit loan workouts and debt restructuring, refinancing, representation of creditors in bankruptcy, collections (including collection of judgments), foreclosures (judicial and non-judicial), secured transactions, and litigation. Our clients range from individual creditors, to closely-held businesses, to large institutional companies and lenders. Our firm prides itself on taking an aggressive but realistic and cost-effective approach in the creditors’ rights area.
Whether you are a secured creditor with significant assets as collateral or a relatively small, unsecured creditor, we can represent your interests in bankruptcy. Our firm routinely handles issues involving cash collateral, preference actions, fraudulent transfers, contesting discharge and dischargeability, plan confirmation, and relief from the automatic stay.
In the litigation of creditors’ rights matters, the firm regularly deals with issues involving collections, breach of contract, fraudulent conveyances, and real and personal property foreclosures. We also handle provisional process proceedings on an expedited basis, such as temporary restraining orders, preliminary injunctions, and attachments and garnishments.
The negotiation and documentation of credit facilities, both for lenders and borrowers, is also an important part of our practice. We have represented lenders and borrowers in negotiating and drafting credit facility documentation for loans ranging in size from several hundred thousand dollars to in excess of two hundred million dollars. Our work encompasses the following:
- Lines of credit
- Construction financing
- Permanent and “all-in-one” financing
- Commercial term and real estate financing
- Drafting and enforcing loan covenants
- Commitment letters
- Letters of intent
- Opinion letters
- Loan agreements
- Promissory notes
- Personal property security agreements
- Deeds of trust and mortgages
- UCC and EPS financing statements
- Loan participation agreements
- Loan modifications, such as extension agreements, agreements for changes in terms, and modifications to deeds of trust
