Creditors' Rights & Bankruptcy

At the most troubled time for a business, the Creditors’ Rights & Bankruptcy Practice at Morris, Manning & Martin works to attain the best solution that meets our clients’ goals and expectations. Legal options range from structuring workout financing to counseling credit committees to seeking recourse in court. Our excellent service and skills are evidenced by the practice’s ranking in Chambers USA, a leading legal services ranking publication.

Key Services:

  • Creditors’ rights & bankruptcy litigation
  • Foreclosures
  • Liquidations
  • Orderly wind-downs
  • Reorganizations
  • Representation of creditors & debtors
  • Representation of trustees & creditor committees
  • Workouts

Problem Loan Advisors

Lenders regularly seek our representation on problem business loans. These include real estate and asset-based financings, term loans, lines of credit, letters of credit, revolving credit facilities and franchise financing. Our philosophy is to be practical, solve problems, resolve conflicts and, whenever possible, maintain the loan as an earning asset. In some cases, a workout or restructuring of the loan, whether cooperative or adversarial, may provide an acceptable solution. If necessary, we will pursue all available remedies against the collateral, the borrower, guarantors or other third parties whose actions may have contributed to the lender’s loss.

Guiding a Distressed Business

Financially distressed businesses also gain valuable legal services when they enter the unfamiliar territory of loan workouts, corporate restructurings or Chapter 11 proceedings. Our experienced lawyers assess the legal issues related to the firm’s financial problems and guide company management toward realistic goals and solutions. We always seek to resolve problems and achieve business objectives by cooperating with creditors. But we utilize the array of legal tools when necessary to seek appropriate relief by proposing a plan of reorganization, a sale of the business or its assets, or an orderly liquidation. We assist clients with voluntary wind-downs and liquidations that aim to avoid bankruptcy filings. With our veteran legal team, litigation is proactively managed and the risk of an involuntary bankruptcy filing can be minimized.

Resolution-oriented

Trustees and creditor committees are counseled on available options, creative solutions, and complex legal proceedings. Practice group lawyers handle a broad range of bankruptcy litigation in state, federal and bankruptcy courts. Actions include plan confirmation issues, asset purchases, stay litigation, fraudulent transfer litigation, preference litigation and claim objections. In any type of representation that requires specialized knowledge in other areas of law, we draw from the expertise of affiliated Morris, Manning & Martin practice groups. With this depth of support, the Creditors’ Rights and Bankruptcy Practice provides practical, informed and efficient solutions that deliver to our clients the best available resolution.

Practice Areas

Industry Focus