Industries & Practices

Creditors' Rights & Bankruptcy

    Whether working with a company in need of restructuring or the creditor of a troubled business, our team solves problems quickly and cost-effectively.

    We regularly represent borrowers and lenders in all types of debt restructures and workouts and use refined negotiation skills and vast transactional knowledge to design customized solutions. When needed, our attorneys rely on their strong trial experience to acquire favorable litigation outcomes.

    Areas of Focus

    Commercial Foreclosure & Collections

    From foreclosure, receivership, enforcement of guarantees, debt collection, execution, and defense of borrower and guarantor claims, we represent creditors in all phases of state court foreclosure proceedings to ensure their interests are fully protected. 

    Receivership

    Our litigators represent both lenders and receivers in state court receiverships. They use their experience with Ohio’s receivership statute to structure effective remedies, secure collateral, collect rents, manage income-producing properties and operate businesses as a going concern. Our attorneys also develop effective receiver sale procedures to maximize the value of unique collateral.  

    Bankruptcy Litigation

    We represent a variety of clients — from insurance companies to equipment lessors — in bankruptcy courts throughout Ohio and across the country. Partnering frequently with lawyers from our commercial litigation practice area, our bankruptcy litigators defend and prosecute claims brought in bankruptcy contested matters and adversary proceedings. We provide clients with all defenses and procedural safeguards available to them regardless of the forum in which the claim or matter arises. 

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    Consumer Finance Litigation

    Complex federal and state law issues often arise in the context of consumer financing and residential mortgage lending and foreclosure. Our attorneys partner with banking interests to minimize problems, devise strategies and change policies, protecting lenders and services against a broad variety of claims.

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    Commercial Loan Workout

    We understand that it is often more advantageous and cost effective 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.

    Leasing Litigation

    We work extensively with both landlords and tenants in simple and complex lease contexts, especially 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.

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