Our attorneys regularly assist lenders in pursuing remedies against borrowers, guarantors and other third parties whose actions may have contributed to the lender’s loss. We also represent clients in state and federal courts to collect amounts owed, whether a direct suit on notes and guaranties or a deficiency claim subsequent to a foreclosure. We also counsel and represent clients in obtaining court-appointed receivers to manage the lender’s collateral and investigate and pursue fraudulent transfer actions against obligors. We represent clients in foreclosure proceedings, defend actions to enjoin foreclosures and pursue court confirmation of foreclosure sales. Our attorneys regularly represent unsecured creditors’ committees in bankruptcy and ad hoc committees of creditors outside of bankruptcy. The practice also includes the defense of lenders in lender liability claims.
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 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. When necessary, we utilize the array of legal tools 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.
Lenders regularly seek our representation regarding 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 a performing asset. We assist lenders in identifying loan documentation deficiencies, identifying and correcting problems with recording of security interests and determining creative solutions to resolve any problems. In some cases, a workout or restructuring of the loan, whether cooperative or adversarial, may provide an acceptable and desirable solution.
Lenders and creditor committees are counseled on available options, creative solutions and complex legal proceedings. Practice group lawyers handle a broad range of bankruptcy litigation. Actions include plan confirmation issues, asset purchases, stay litigation, fraudulent transfer litigation, preference litigation, negotiation of cash collateral orders 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.
Ways we can help:
- Creditors’ rights & bankruptcy litigation
- Representation of creditors & debtors
- Representation of trustees & creditor committees
- Orderly wind-downs