When a debtor files for bankruptcy, a number of protections automatically go into effect that significantly affect the interests of creditors. Outside of the bankruptcy context, distressed and defaulted loans present opportunities for creditors to take advantage of litigation and other tools to assert their rights. It’s important that the residents of Westborough understand creditors’ rights and get legal help.
Both bankruptcy and debtor insolvency present immediate challenges that require quick action and legal skill. SederLaw’s Bankruptcy & Creditors’ Rights practice group advocates on behalf of banks, lenders, financial institutions, and other businesses that act as creditors. Our objective is to maximize our clients’ recovery and minimize their losses while representing them throughout bankruptcy and other court proceedings.
Types Of Bankruptcy & Creditors’ Rights Cases Our Firm Represents in Westborough
Many different kinds of businesses and individuals act as creditors in a number of different contexts. No matter the size or nature of your business, or the bankruptcy or debt involved, we’re prepared to assist you. SederLaw represents these types of creditors, among others:
- Public and private lenders
- Asset-based lenders
- Commercial and real estate lenders
- Secured and unsecured creditors
- Investors
- Local, regional, and national banks
- Financial institutions
Bankruptcy and creditor rights litigation necessarily involves familiarity with other areas of law. For that reason, our firm takes a multidisciplinary approach to these matters by drawing upon practice groups with experience handling:
- Business and corporate law
- Banking and finance
- Real estate
- Taxation
- Employment law
Our clients include businesses and individuals across a wide array of industries. We represent creditors in all aspects of the bankruptcy process, including insolvency proceedings, litigation, workouts, restructuring, and enforcement. We also assist our clients outside of the bankruptcy system by working with them to resolve distressed and defaulted accounts.
Bankruptcy and creditors’ rights litigation are closely interrelated practice areas, and SederLaw is well-versed in both. Therefore, our clients have the benefit of dedicated legal counsel that is prepared to address and resolve any issues involving a debtor, whether bankruptcy courts are involved or the matter is handled by traditional litigation.
How We Serve Our Westborough Creditors’ Rights Clients
From the moment we are retained, we get to work reviewing the bankruptcy filings, loan history, and other records to determine the best strategy to secure the legal rights and financial concerns of our clients. Bankruptcies and distressed loans are unfortunately opportunities for debtors to defraud creditors, conceal assets, and abuse the bankruptcy courts. Our approach is proactive and comprehensive, aimed at achieving the most effective and efficient outcome possible.
To that end, we provide the following services (among others) to our creditor clients:
Creditor Litigation
If a debtor individual or business defaults on a loan, or is otherwise not abiding by the terms of the lending agreement, it may be necessary to initiate litigation. Our attorneys are seasoned litigators who recognize the legal complexities presented by even relatively simple loans. We assist with the following matters:
- Initiating and pursuing eviction, foreclosure, and debt collection actions
- Collateral repossession and sale
- Title and lien priority disputes
- Fraudulent transfer actions
- Avoidance actions in bankruptcy
- Resolving disputes in corporate and real estate receiverships
- Resolving disputes in assignments for the benefit of creditors
- Replevin actions
- Pre- and post-judgment remedies
- Judgment collection and execution
- Collection of non-discharged debts
- Mediation and arbitration
Debt Restructuring and Workouts
Insolvent businesses and other debtors seeking an alternative to bankruptcy may consider debt restructuring or a workout agreement. The objective is to renegotiate the terms of the original loan for a company or individual that is either in default or potentially facing default. These are mutually beneficial negotiations that do not involve the filing of bankruptcy. This broad category covers the following services, among others:
- Asset and debt restructurings
- Reaffirmations
- Loan refinancing
- Corporate, business, and partnership restructurings
- Capital investment
- Negotiating out of court settlements
- Asset disposition strategies
- Loan contract drafting and modification
- Compositions and debt satisfactions
- Liquidation strategies
Bankruptcy
In the event the debtor files or threatens bankruptcy, our strategy immediately shifts to defending the creditor’s interests in the bankruptcy courts. Whether the account is in bankruptcy or not, we regularly advise our creditor clients throughout our representation about how a bankruptcy filing will impact their bottom line so they can prepare accordingly. With these goals in mind, we help our clients in the following specific ways:
- Motions for relief from the bankruptcy automatic stay
- Bankruptcy reorganization plans
- Managing executory contracts and unexpired leases
- Confirmation hearings and objections to confirmations
- Debtor-in-possession financing agreements
- Cash collateral orders
- Claims objection litigation
- Non-discharge litigation
Corporate Client Services
We also represent corporate clients both inside and outside bankruptcy with distressed loan and asset acquisitions. This practice area draws on many of the above litigation services, but also includes a focus on transactional work. As part of our representation, we draft and execute the following agreements, among others:
- Litigation settlement agreements
- Warehousing agreements
- Collateral trust, insurance indemnity, and surety bond agreements
- Securities lending, swap, and other derivatives transaction agreements
Contact Our Westborough Bankruptcy & Creditors’ Rights Attorney
SederLaw recognizes that no two bankruptcy or distressed loan situations are alike. That’s why we take a results-oriented approach focused on reaching the best solution and meeting the client’s goals. To learn more about our legal services, contact our Bankruptcy & Creditors’ Rights team today.