Industries & Practices

Creditors' Rights & Bankruptcy

We understand creditors’ business and support their goals with a full spectrum of legal services.

Overview

Especially in today’s economic climate, creditors and debtors are continuously affected by insolvency or non-performing debt. When businesses or individuals are unable to meet their financial obligations, lenders’ plans and borrowers’ businesses are frozen in their tracks, creating a ripple effect across a variety of industries.

Whether working with a company in need of restructuring or the creditor of a troubled business, Bricker & Eckler’s Creditors’ Rights & Bankruptcy team takes a multidisciplinary approach, solving problems both quickly and cost-effectively. We regularly represent borrowers and lenders in all types of debt restructures and workouts. Outside the courtroom, our team uses refined negotiation skills and vast transactional knowledge to design customized solutions that address the unique goals of each client. When needed, our attorneys rely on their strong trial experience to acquire favorable litigation outcomes.

Types of clients we represent:

  • Secured and unsecured creditors
  • Creditors’ committees
  • Trustees
  • Debtors

Related Industries & Practices

Areas of Focus
Commercial Foreclosure & Receivership

From commercial and residential foreclosures, receivership actions, commercial collection litigation and judgment enforcement activities, our Creditors’ Rights & Bankruptcy team ensures that state court proceedings are executed and enforced. We have worked with clients to foreclose mortgages on golf courses, apartment complexes, office buildings, retail centers, manufacturing facilities, agricultural land and more. These cases frequently involve the appointment of a receiver to secure the property, collect rents and continue management of the property pending a sale. We also have experience foreclosing security interests in equipment, machinery, inventory, accounts receivable and a variety of other collateral.

Bankruptcy Litigation

Partnering frequently with lawyers from our commercial litigation practice area, our bankruptcy litigators have an extensive history of defending and prosecuting claims brought in bankruptcy contested matters and adversary proceedings. We provide clients with the full benefit of the defenses and procedural safeguards available to them regardless of the forum in which the claim or matter arises. Our team, which includes attorneys who have served as law clerks in the United States Courts of Appeals, the Supreme Court of Ohio and Ohio appellate courts, has also represented clients in cases on appeal with broad reaching implications. Visit our Litigation practice.

Consumer Finance Litigation

Complex federal and state law issues often arise in the context of consumer financing and residential mortgage lending. These industries face increased scrutiny in legal compliance, and new theories of recovery based on various state and federal lending statutes frequently emerge. Our attorneys team with banking interests to minimize problems, devise strategies and change policies, protecting lenders and services against a broad variety of claims. Visit our Litigation practice.

Commercial Loan Workout

We understand that it is often more advantageous and cost effective for our clients to pursue out-of-court workouts and settlements as opposed to foreclosure or litigation. Our attorneys frequently represent both borrowers and lenders seeking to restructure troubled credits, negotiating and documenting forbearance, collateral surrender, liquidation, lien subordination and payment subordination transactions, as well as loan agreement amendments and covenant waiver matters.

Bankruptcy Reorganization & Liquidation

Our experience in reorganization and liquidation is geographically and industrially broad. We have represented a variety of clients — from insurance companies to equipment lessors — in bankruptcy courts throughout Ohio and in major bankruptcy jurisdictions including Delaware, New York, Illinois, Michigan and Florida. We regularly serve as counsel in Chapter 7 liquidation and Chapter 11 reorganization proceedings and frequently call upon attorneys in the firm’s non-insolvency practice areas, including the business law, commercial mortgage lending, employment, environmental, health care, litigation, tax, real estate, and trusts and estates practices, to enhance our understanding of our clients’ industries and their legal options.

Commercial Leasing Litigation

Having worked extensively with both landlords and tenants in simple and complex lease contexts, Bricker’s attorneys are more than prepared when the terms of a lease are not satisfied. From tenant defaults and lease-related disputes and claims, to critical notices and required correspondence, we carry out the necessary proceedings to fairly and legally ensure lease agreements are either fulfilled or terminated.

Experience

Insights & Resources
People
Robert T. Castor Robert T. Castor Partner
Robert T. Castor Partner
Columbus
614.227.4871
rcastor@bricker.com
David K. Conrad David K. Conrad Partner
David K. Conrad Partner
Columbus
614.227.2304
dconrad@bricker.com
Daniel C. Gibson Daniel C. Gibson Partner
Daniel C. Gibson Partner
Columbus
614.227.2324
dgibson@bricker.com
Kenneth C. Johnson Kenneth C. Johnson Of Counsel
Kenneth C. Johnson Of Counsel
Columbus
614.227.2322
kjohnson@bricker.com
Gordon W. Johnston Gordon W. Johnston Of Counsel
Gordon W. Johnston Of Counsel
Columbus
614.227.2381
gjohnston@bricker.com
Jeffrey P. McSherry Jeffrey P. McSherry Partner
Jeffrey P. McSherry Partner
Cincinnati
513.870.6686
jmcsherry@bricker.com
Luke D. Overmeyer Luke D. Overmeyer Associate
Luke D. Overmeyer Associate
Columbus
614.227.4863
lovermeyer@bricker.com
Nelson M. Reid Nelson M. Reid Partner
Nelson M. Reid Partner
Columbus
614.227.8812
nreid@bricker.com
Justin Ristau Justin Ristau Partner
Justin Ristau Partner
Columbus
614.227.4857
jristau@bricker.com
David K. Stein David K. Stein Of Counsel
David K. Stein Of Counsel
Columbus
614.227.7740
dstein@bricker.com
David M. Whittaker David M. Whittaker Partner
David M. Whittaker Partner
Columbus
614.227.2355
dwhittaker@bricker.com