Creditors' Rights Litigation

Overview

Our approach is to work with our creditor clients to minimize litigation, recognizing that litigation often proves to be one of the least efficient means of recovery. However, we litigate matters when necessary and we aggressively pursue litigation when out-of-court workouts prove unsuccessful.

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, and 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 creditor’s rights claims, we discuss options with our clients to develop an overall litigation strategy. We recognize that, in the recovery world, time is money, and 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. Our team is creative, efficient and cost-effective, always approaching litigation with the goal of achieving maximum returns for our clients.

Experience

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

  • Representation of national banking associations in cognovits or long form judgment commercial collection actions.
  • Representation of judgment lien creditors in execution actions including, without limitation, foreclosures, garnishments and replevins.
  • Representation of debtors and creditors in Chapter 7, 13 and 11 bankruptcies.
  • Representation of vendors and suppliers in bankruptcy preference actions.
  • Representation of lenders in the appointment of receivers in collection actions.
  • Representation of receivers and special servicers in collection actions.

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