CareersCreditors’ Rights Enforcement
Litigation
Our Creditors’ Rights Enforcement Difference
We represent creditors in both federal and state courts in pursuit of:
- Available remedies, including suits seeking to reduce promissory notes and guaranties to money judgments
- Suits to enforce security interests in real and personal property collateral, such as replevins and foreclosures
- Motions to obtain possession and control over collateral during the pendency of an action, such as motions for the appointment of a receiver or motions for orders of immediate possession.
We also litigate “bad actor” claims to recover assets that have been placed wrongfully beyond our clients’ reach, including fraudulent conveyance actions, state law preference actions, successor liability actions, and adversary complaints in bankruptcy. We additionally provide representation when debtors assert lender liability claims to hinder or delay recovery efforts.
When litigating creditors’ rights claims, we discuss options with our clients to develop an overall litigation strategy. We recognize that, in the recovery world, time is money. To efficiently address claims, we often pursue parallel paths to assure our clients a timely recovery, such as appointing a receiver to sell an asset while also moving forward to position cases for judicial execution sales, should the receiver’s efforts prove unsuccessful.
Creditors’ Rights Enforcement Team
Experience
- Representing national banking associations in cognovits or long-form judgment commercial collection actions
- Representing judgment lien creditors in execution actions including, without limitation, foreclosures, garnishments, and replevins
- Representing debtors and creditors in Chapter 7, 13, and 11 bankruptcies
- Representing vendors and suppliers in bankruptcy preference actions
- Representing lenders in the appointment of receivers in collection actions
- Representing receivers and special servicers in collection actions
