Creditors' Rights & Bankruptcy

Overview

Walter | Haverfield’s creditor’s rights practice provides legal solutions for financial institutions, businesses, municipalities, and other persons or entities that require prompt and efficient collection of monies owed in order to succeed. Several of our attorneys have years of experience representing clients in commercial collection matters, including out-of-court workouts and modifications, bankruptcy matters, collateral realization, and collection litigation, including judgment executions.

Our attorneys are aggressive, yet professional, with a results-oriented approach. We team with our creditor clients to maximize recoveries, providing a broad base of services from assisting with the development and implementation of out-of-court workout strategies to the prosecution of various enforcement actions. We understand that our role is to provide meaningful counsel and advice that allow our clients to enhance their opportunities for recovery while limiting risks inherent with administering troubled credit facilities. Mindful of the breadth of knowledge and experience that our clients possess, we listen to and work cooperatively with our clients to accomplish their objectives.

Our creditor’s rights team doesn’t just represent financial institutions. We also counsel businesses on collecting receivables and avoiding pitfalls that arise from dealing with financially distressed customers and vendors, such as bankruptcy preference claims. We take an aggressive approach to help our business clients convert unsecured vendor claims into secured or priority claims through such mechanisms as pre-judgment attachment liens and setoff actions.

Our attorneys make themselves readily accessible to discuss client matters and strategize as to the best means of achieving cost-effective, practical results.

Experience

The Creditors' Rights & Bankruptcy group’s experience and services include the following:

  • Represents and advises creditors in a wide array of commercial workout, bankruptcy, and collection matters.
  • Representation of creditor in connection with receivership sale of sports complex facility.
  • Representation of creditor in transfer of judgment to United Kingdom and initiation of involuntary bankruptcy proceedings.
  • Representation of creditor in out-of-court workout and restructuring of a multi-million dollar revolving construction credit facility for townhouse and condominium development.
  • Representation of creditor in prosecution of adversary proceeding seeking order of non-dischargeability of debtor as a result of partner’s misappropriation of partnership assets.
  • Representation of creditor in connection with receivership of borrower in connection with an Ohio Revised Code Chapter 140 revenue bond.
  • Initiates and prosecutes lawsuits to obtain money judgments on notes, account statements, invoices, and other contracts and agreements.
  • Enforces liens and realizes upon real and personal property collateral, including non-judicial repossessions and secured-party sales, foreclosure actions, and replevin actions.
  • Representation of creditors in connection with collateral perfection and priority disputes.
  • Obtained the appointment of receivers for debtors and/or collateral and pursuing receivership sales of assets.
  • Representation of creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases, including plan review, objections, and administration, motions for relief and abandonment, and initiating and prosecuting adversary proceedings.
  • Negotiates and drafts out-of-court workouts and modification agreements.
  • Defends counterclaims and “lender liability” actions initiated by debtors.
  • Representation of large regional financial institution in connection with work-out strategy for multi-loan financing secured by 25 story mixed-use retail, office and hotel building located in South Bend, Indiana.
  • Representation of large national financial institution in connection with work-out strategy concerning loan facility secured by a large residential housing development located in Cleveland, Ohio, involving foreclosure of mortgaged property, working with receiver on continued construction efforts and dealing with lien claimants, negotiation of settlement agreement and deficiency note with guarantors and ultimate sale of loan.
  • Representation of special servicer of securitized loan pools in the preparation for foreclosure of mortgaged property, negotiating deed-in-lieu of foreclosure agreements, settlement agreements and forbearance agreements, reviewing purchase and sale agreements for conveyance of REO properties, and advising client on rights and duties as special servicer under pooling and servicing agreements.

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