Industries & Practices

Creditors' Rights, Restructuring & Bankruptcy

Creditors' Rights, Restructuring & Bankruptcy

    Whether working with the creditor of a troubled business or a debtor, we provide custom solutions to quickly and cost-effectively protect and improve our clients’ financial positions.

    Drawing upon the experience of our firm’s multidisciplinary creditors’ rights and bankruptcy team, we provide sound strategies and solutions to assist our clients in achieving their business objectives. This collaborative approach allows us to provide a business-minded perspective throughout loan modifications, out-of-court workout negotiations and litigation proceedings, when necessary.  

    Types of client we represent:

    • Financial lending institutions
    • Debtors and creditors
    • Credit unions
    • Insurance companies
    • Equipment lessors
    • Private and public landlords
    • Creditors’ committees and fiduciaries
    • Construction companies

    Areas of Focus

    Commercial Loan Workouts & Restructuring

    We understand that it is often more economically advantageous to pursue out-of-court loan workouts and settlements than foreclosure or litigation. Our attorneys frequently represent both borrowers and lenders seeking to negotiate and modify loan agreements, including Small Business Administration (SBA) loans, loan covenant waivers, forbearance agreements, collateral surrender, liquidation, lien subordination and payment subordination transactions, as well as deeds in lieu of foreclosure.

    Commercial Foreclosure, Receivership & Debt Collections

    We represent creditors in all phases of state court foreclosure proceedings to ensure the interests of our clients are fully protected. Our attorneys have experience in the following default and recovery alternatives:

    • Foreclosure sales
    • Receiverships – We have vast experience structuring effective remedies, securing collateral, collecting rents, managing income-producing properties and operating businesses to maximize the value of unique collateral.
    • Enforcement of guaranties
    • Garnishments
    • Lender liability issues
    • Debt collection
    • Defense of borrower and guarantor claims

    Bankruptcy Litigation

    We represent a variety of clients — from insurance companies to equipment lessors — in bankruptcy courts throughout Ohio and across the country. Collaborating frequently with lawyers from our commercial litigation practice area, our bankruptcy litigators represent clients in bankruptcy matters (Chapters 7, 11 and 13) involving fraudulent and preferential transfer proceedings and adversary proceedings.

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    Commercial & 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 to protect lenders and services against a broad variety of claims.

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    Class Actions

    Having successfully defended class action claims in state and federal courts for decades, our team is known for devising defense strategies that result in the dismissal of many cases before class certification and discovery occur.

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    Commercial Landlord/Tenant 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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