Industries & Practices
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.
Governmental restrictions, reduced demand, supply chain disruptions, and crushing debt is causing increased distress, default and insolvency across economic sectors. Drawing upon the experience of our firm’s multidisciplinary creditors’ rights, restructuring and bankruptcy team, we provide sound strategies and solutions to assist our clients to help them achieve their business objectives. This collaborative approach allows us to provide a business-minded perspective throughout loan modifications, out-of-court workout negotiations, restructuring and, when necessary, bankruptcy and litigation proceedings. In all phases of our representation, we provide custom solutions to quickly and cost-effectively protect and improve our clients’ financial positions.
Types of clients we represent:
- Financial lending institutions
- Debtors and creditors
- Distressed businesses
- Credit unions
- Insurance companies
- Equipment lessors
- Private and public landlords
- Creditors’ committees and fiduciaries
- Construction companies
Bizarre treasure saga ends with large jury verdict
Won a $16.4 million verdict after three-week jury trial against Tommy Thompson, the notorious treasure hunter who found the wreck site of the S.S. Central America, which sank in 1857, and ...More
Lehman Brothers class action defense
Successfully represented defendants in a national class action brought in the Lehman Brothers bankruptcy case in the Southern District of New York, which sought to claw back hundreds of millions of...More
Receivers’ counsel and advisor
Represented and advised court-appointed receivers in state court proceedings to manage and liquidate real property and/or businesses.More
Revenue bond default litigation
Represented a community development authority in a priority dispute following default in payment of service payments and community development charges.More
Represented commercial landlords in state court to recover the possession of premises and collect unpaid rent.More
Leases in bankruptcy
Advised commercial landlords regarding their rights and remedies when a tenant files bankruptcy.More
Springing recourse guaranty litigation
Represented a creditor in state court litigation to enforce the terms of a springing recourse guaranty agreement, also known as a “bad boy” guaranty.More
Customers and suppliers in bankruptcy
Helped navigate various vendors, suppliers and customers through all phases of the bankruptcy process.More
Complex judgment execution and collection remedies
Represented a judgment creditor in a complex garnishment proceeding involving more than $1 million.More
Secured creditor representation in a warehouse lin...
Represented a secured creditor to obtain judgment following payment default on a warehouse line of credit and pursued various execution remedies across state lines to collect the amount due.More
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
- Lender liability issues
- Debt collection
- Defense of borrower and guarantor claims
Our bankruptcy litigators excel at representing clients in adversary proceedings and contested matters in bankruptcy courts, including fraudulent and preferential transfer proceedings, relief from stay motions, valuation disputes and contested plan confirmation hearings.More
Business Restructuring & Reorganization
Often, an out-of-court restructuring can be more effective and cost-efficient than a formal bankruptcy process or a viable alternative to liquidation. Whether the strategy involves out-of-court financial restructuring, liquidation or reorganization, our advisors work together to protect and advance client interests.More
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.More
We represent various classes of creditors in bankruptcy courts across the country, including senior secured creditors, junior lien holders and subordinated lenders, asset-based lenders, landlords, executory contract counter-parties, critical vendors and general unsecured creditors. Our attorneys quickly analyze new bankruptcy filings, evaluate first day motions, negotiate resolutions, litigate disputes and advocate for our clients’ best interests.
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.More
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.