Creditors' rights

Overview

If you are in business, someone always seems to owe you money. When your phone calls go unanswered or your receivables age past payment terms, other steps may be in order. Whether it is through negotiation, collection efforts, litigation or judgment enforcement, we can offer cost-effective and creative solutions using all the tools available under commercial and insolvency law. Our attorneys have significant national experience representing business owners, suppliers, lessors, contractors and property owners in a broad range of value-maximizing strategies. We regularly:

• Defend against preference and fraudulent conveyance lawsuits
• Enforce security interests under Article 9 of the Uniform Commercial Code
• File actions for prejudgment attachment of assets and replevin of collateral
• Litigate mechanics’ liens and other equitable lien rights
• Represent unsecured creditors in bankruptcy proceedings
• Domesticate foreign judgments
• Prosecute confessions of judgment, garnish accounts and attach real property

In addition to express legal action, we regularly advise trade vendors, contract counterparties, landlords, and insurance companies on risk mitigation strategies. By understanding your business and industry, we can advise you on steps and techniques for preventing or limiting your obligations to financially distressed counterparties or insolvent customers. Through a review of your relevant contracts, credit documentation and security agreements, we can help you craft business strategies for avoiding bankruptcy exposure on the front end of your business arrangement and reducing exposure to potential avoidance action or other litigation in the event of a business counterpart’s insolvency.