Creditors’ Rights and Enforcement

Combining depth of experience, industry-specific knowledge and legal acumen, we help creditor clients resolve obligations owed to them promptly in and out of state and federal courts.

We represent lender, servicers, landlord and other creditor clients, addressing disputes promptly to reach agreement, and when necessary, aggressively pursuing client rights and remedies through litigation. Among our core strengths is handling complex and sophisticated creditors’ rights for national and international financial institutions. We also represent nontraditional banking clients, like hedge funds and private equity firms, in distressed transactions. We also assist in recovering on troubled commercial and real estate loans and in enforcement of clients’ rights as creditors of insolvent or bankrupt entities.

We posses a deep understanding of our clients’ industries and listen closely to their goals to determine the best course to resolve obligations owed to them whether through restructuring or enforcement. We address disputes firmly avoiding emotional arguments that escalate costs, distract from best results or lead to unfounded counterclaims. These efforts often achieve greater lenders/creditors recoveries than selling to purchasers of the problem credits. If the parties cannot resolve matters reasonably, we initiate litigation seeking prejudgment remedies to protect our clients’ recoveries and expedite resolutions. If litigation causes a bankruptcy filing, we have the necessary experience for that as well.

We provide sophisticated, yet pragmatic and timely legal advice, protecting client rights and resolving all types of disputes over contract and credit obligations, investment recoveries, opposing party fraud and nonperformance.

In each instance, we conduct a thorough analysis of the documents and facts to identify weaknesses in the legal position, competing claimants, key assets for a recovery and the best approach to maximize recoveries whether through a restructure or enforcement. For our landlord clients, which include commercial property owners, we facilitate lease terminations that remove tenants from the property with or without litigation, and argue on their behalf in their tenants’ bankruptcies regarding amounts owed and treatment of their leases. We also obtain receivers, when appropriate. We focus on the financial condition of the obligor, the steps to improve our client’s position for a recovery and the options to best protect our clients under the various scenarios that can occur.

Applying our extensive experience with prejudgment litigation options, we are able to force faster resolution of contentious disputes. Some of these remedies include: