Creditors' Rights & Bankruptcy

Overview

Creditors of all types turn to our Creditors' Rights & Bankruptcy team when they need informed guidance on financial disputes. Clients value our multidisciplinary team approach that seeks to meet client goals on time and within budget, and finds solutions to difficult situations.

Our litigators draw on their experience in collections, foreclosures, replevins, lien enforcement, receiverships, non-judicial sales of collateral, and bankruptcy to find solutions to complex issues as they arise.

 

The group’s litigation record covers all aspects of collection, insolvency, and bankruptcy proceedings. Michael Best’s litigators represent clients in matters including contract disputes, fraud and misrepresentation, successor liability, and lender liability claims. We assist in obtaining the appointment of receivers, trustees, and examiners. In bankruptcy, we assess and defend preference and other avoidance actions, obtain relief from the automatic stay, and counsel on rights and remedies under executory contracts and leases.

We also assist in bankruptcy plan negotiations and proceedings, as well as in assessing and representing our clients' interests in first-day order bankruptcy hearings. Clients interested in purchasing assets out of receiverships and bankruptcy estates also seek our counsel to understand the risks and benefits of such a purchase, and how to structure the transaction and manage the process to gain the best competitive advantage.

Experience

Examples of claims and proceedings include:

  • State and federal collection and eviction actions
  • Guaranty and surety enforcement and collection actions
  • Defense of counterclaims and lender liability claims
  • State and federal foreclosure of mortgages and land contracts
  • State and federal receiverships
  • Injunction proceedings
  • Assignments for the benefit of creditors (ABCs), including Chapter 128 proceedings
  • Non-judicial foreclosure proceedings
  • Supplemental examinations, asset searches, and collectability evaluations
  • Garnishments, attachments, executions, and other pre- and post-judgment remedies
  • Bankruptcy proceedings, including valuation proceedings, claims determinations and objections, reliefs from stay, adversary proceedings, non-dischargeability determinations, preference, and fraudulent transfer avoidance actions
  • Equitable subordination and marshalling actions
  • Successor liability and veil-piercing claims
  • Fraud, misrepresentation, insider transfers, and other fraudulent transfer actions
  • PACA, PASA, construction, and other specialized trust and lien claims
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