Skip to Main Content

Creditors’ Rights

Whether in bankruptcy proceedings, out-of-court workouts, or the sale of distressed assets, secured and unsecured creditors count on Much attorneys for our relevant experience, sound judgment, and creativity in providing workable solutions.

Creditors’ Rights

Our clients include many regional, national, and global financial institutions in bankruptcy cases, foreclosures, Article 9 UCC sales, debt restructuring negotiations, forbearances, and assignments for the benefit of creditors. We also represent general unsecured creditors, creditor committees, landlords, and tenants in enforcing their rights and remedies across the country.

  • Article 9 sales and foreclosures: Much attorneys have substantial experience in enforcing creditors’ rights in mortgage foreclosures proceedings, Article 9 Uniform Commercial Code sales, assignments for the benefit of creditors, and receiverships. To the extent possible, Much negotiates consensual resolutions using deeds in lieu of foreclosure, surrender of collateral agreements, and consensual Article 9 sales. Where a consensual resolution is not practicable, Much has extensive experience litigating creditors’ rights in both state and federal court.
  • Secured lenders in bankruptcy: We represent banks and other financial institutions with respect to loans to financially troubled companies. We advise lenders regarding security documentation, enforcement of their rights, negotiation of forbearance agreements, and out-of-court restructurings. In bankruptcy, we have extensive experience in negotiating cash collateral and debtor-in-possession financing orders, litigating relief from stay issues, negotiating and litigating how our clients are treated under plans of reorganization, and defending preference claims.
  • Unsecured creditors: We work with unsecured creditors of all sizes to protect and enforce their interests inside and outside of bankruptcy, including collection actions and enforcement of replevin rights, reclamation rights, critical vendor rights, and other bankruptcy-related issues.
  • Evaluating risk and finding solutions: Much attorneys not only know the nuts and bolts of Article 9 and the Bankruptcy Code but also understand the nuances of causes of action asserted against secured creditors, whether it be fraudulent conveyance claims, equitable subordination claims, or recharacterization issues. Our attorneys’ extensive experience allows us to analyze these issues and provide a risk analysis regarding the potential success of those claims.
  • Construction: We work closely with our construction lawyers to help companies navigating the intersection of bankruptcy, surety law, and other construction-specific issues, whether they are the owner, general contractor, or subcontractor.

News & Insights

    much more