Representing a professional athlete lender regarding its $1.2 million unsecured claim in the Chapter 11 case of a professional hockey player. Matter involves providing assistance with discovery issues, plan confirmation issues and many other disputes.
Creditors' Rights & Bankruptcy
We understand creditors’ business and support their goals with a full spectrum of legal services.
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
Related Industries & Practices
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.
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.
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.
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.
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.
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.
Assisted an Ohio school district in the issuance of bonds in which the perceived security for the bonds was threatened by the financial woes of the county’s largest employer and taxpayer. Our attorneys provided timely and critical information to the bond rating agency and investors regarding how oil and gas leases and mineral rights are valued for property tax purposes and the potential impact of a bankruptcy filing on the payment of property taxes for the bonds.
Led the restructuring of numerous personal property secured transactions as counsel for both senior and mezzanine lenders.
Served as Ohio counsel for a loan servicer, handling the broad spectrum of complex federal, state and common law issues that arose in the context of consumer financing and residential mortgage lending.
Served as receiver's counsel on all issues related to property management, leasing and sale and assisted in the successful resolution of receivership cases across the state.
Served as lead counsel to a secured lender on a federal court receivership case involving a broad range of issues across multiple states.
Was retained as special litigation counsel for the debtors in a $3.3 billion bankruptcy.
U.S. Supreme Court speaks on loan officer exemption to FLSA: originators are not exempt
New receivership statute allows free and clear sale of property with only ten days’ notice to lienholders
Ohio Supreme Court bars voluntary dismissals after trial court enters foreclosure judgment and order of sale
Industry update: recent Ohio Supreme Court decision finds residential mortgage servicing is not covered by the Ohio Consumer Sales Practice Act