Creditors’ Rights

Whether your borrower fails to perform its obligations under a simple promissory note or a complex loan and security arrangement, our attorneys are experienced in assessing your rights and remedies as a creditor, and counseling and effectively representing you in proceedings to collect and enforce your rights.

Our creditor clients include national banks, state chartered and community banks, credit unions, vendors, and private financiers.  We file and prosecute collection actions in state and federal courts, real property and personal property foreclosure actions, provisional remedy applications, receivership proceedings, and other enforcement actions to maximize collections.  In addition, our attorneys are experienced in representing creditors in proceedings commenced by borrowers, including bankruptcy, reorganization, liquidation, dissolution, and defense of lender liability actions.

Ready, Responsive, and Efficient:

Our creditors’ rights practice reflects the maturity and extensive experience of our attorneys in representing creditors.  We do not learn on your account, we make our actions count for you! 

Selected Recent Representations:

• Judgment Holder persists to collect against Debtor in Bankruptcy.
  We represented the holder of a multi-million dollar judgment based on theft of trade secrets against the offending firm after the firm filed a chapter 11 reorganization proceeding to avoid paying the judgment.  Our extensive work in the bankruptcy case resulted in the appointment of an independent trustee, the displacement of management, the identification of avoidable transactions, and a sale of assets of the estate.

• Enforcement of Lender’s Rights Against a Medical Marijuana Facility.
  We represented a secured lender in navigating through the developing area of financing for medical marijuana cultivation and dispensaries.  Upon default by the borrower, we advocated for and obtained from the court an order appointing a receiver to assume control over all dispensary operations.  We then worked with the Receiver to address the creditor’s concerns and ensure that a portion of dispensary revenues would be used for repayment of the creditor’s loan.

• Lender Liability Action Turned into Judgment Against Borrower.
  We represented a national banking association that had been sued in a multi-million dollar lender liability lawsuit wherein the borrower accused our client of bad faith and unfair dealing.  After delving into the facts through the discovery process, the borrower filed bankruptcy.  In a multi-jurisdictional approach, we obtained a dismissal of the borrower’s bankruptcy case, and then obtained summary judgment against the borrower and for our lender client on the purported lender misconduct claim, and an affirmative judgment against the borrower for the unpaid deficiency amount due after sale of collateral.