Creditors Rights & Bankruptcy

With over 30 years of experience in the field, we are zealous and effective representatives of lenders and creditors, ranging from banks to healthcare providers.  We consult and work closely with our clients to develop a collection strategy to maximize their recovery while controlling litigation costs.

Debt Collection

Our efforts provide our clients the best possible chance of locating and converting debtor assets into payment.  To effectively enforce a judgment, we begin by assessing, with our client, the likelihood of collection.  We then utilize all statutory remedies available and appropriate.  These remedies may include post-judgment discovery of financial information, supplemental proceedings, wage and account garnishments (where and as permitted), property and account levies, executions on property interests, and the creation and enforcement of judgment liens.

Collections of Foreign Judgments

A common hurdle in judgment collection arises when the debtor relocates to another jurisdiction.  We routinely litigate jurisdictional issues, ranging from long-arm statutes to establishing minimum contacts and proper service.  Likewise, we routinely engage local counsel on behalf of our clients to collect judgments, manage their work, and are often admitted pro hac vice.

Loan Workouts and Foreclosure

We have extensive experience representing lenders in modification and cross-collateralization agreements, forbearance agreements, equity restructuring, assignments for the benefit of creditors, and establishing receiverships.  

In the event attempts to reach agreement on a workout fail, our attorneys are well-versed in both judicial and non-judicial foreclosures and have handled over one hundred commercial foreclosures and deficiency collection matters.

Bankruptcy

When our clients face troubled loans or debtors, we focus on developing innovative, yet practical solutions.  We have over 30 years’ experience in enforcing creditors’ rights, including when the debtor files bankruptcy.  We have specific experience representing creditors in Chapter 11 reorganizations including income-producing properties, commercial centers, office buildings, and apartment complexes.

Mechanic’s and Materialman’s Liens

We assist all tiers of construction professionals in collecting amounts owed for the provision of labor, equipment, materials, and other services to a construction project.   We are experienced in successfully navigating the strictly constructed state specific mechanic’s and materialmen’s liens statutes to secure payment for our clients. We also advise our clients at the outset of a construction project, before a payment becomes due, of certain precautionary measures to better protect and secure their rights to payment, including sending preliminary notices to the property owners and/or general contractor.