Explore Our Practice Areas
Clients most often call us for our expertise in the following areas.
Banking and Commercial Loan Documentation
We represent banks, trade vendors and other lenders in the documentation of new credit transactions across a wide array of industries, secured by various forms of collateral.
In preparing any loan or credit agreement, we draw on our deep knowledge of bankruptcy and our litigation experience in enforcement of loan documents to anticipate and avoid the mistakes found in many loan agreements. We work with clients to prepare credit documents that fully protect the lender’s interests in the loan transaction. Our clients often call on us to provide a “due diligence” review of their proposed transactions and loan documents, in order to identify potential risks and to create provisions to protect against those issues.
Bankruptcy, Insolvency and Receiverships
While our firm is best known for its representation of creditors, this expertise also provides our lawyers with unique knowledge to represent any parties dealing with issues related to insolvency or the bankruptcy process.
We have been hired to serve as litigation counsel for bankruptcy trustees, counsel for unsecured creditors’ committees, and have been appointed in state court to serve as receivers for businesses in financial distress. In complex bankruptcy proceedings, we also have represented asset buyers and other interested parties in the purchase of assets out of bankruptcy estates. Lenders, trade suppliers and other creditors have engaged us to defend them in bankruptcy adversary proceedings filed by debtors and bankruptcy trustees.
This work goes beyond representing creditors. Our lawyers have worked with individuals and businesses as debtors in all chapters under the Bankruptcy Code. We also routinely represent and protect the interests other interested stakeholders in the bankruptcy process, such as guarantors, spouses, members of corporate boards of directors, investors and co-debtors.
Outside of Bankruptcy Court, our lawyers routinely represent individuals and businesses in state and federal court litigation and loan workout and debt resolution negotiations with lenders, with state and federal taxing authorities, and other creditors.
Commercial Real Estate
We provide both general and transactional counsel to a wide range of real estate clients, including investors, developers, tenants, real estate brokers and property managers, at all stages of the real estate transaction process. Our knowledge of the full spectrum of these transactional and litigation issues provides our clients with a valuable resource for analyzing any issue related to a commercial real estate project.
Owners and real estate management companies routinely seek our assistance in property management and commercial leasing transactions, including lease preparation, review, and negotiation on behalf of both landlords and tenants.
Clients trust us to handle their most important business matters with a smart efficiency that maximizes results without unnecessary expense. At every step of the process, our lawyers look for strategic moves to reduce time and increase their client’s advantage.
We handle a variety of litigation related to financial, commercial and real property transactions, including:
• Secured and unsecured creditors rights litigation to enforce loan documents
• Enforcement and defense of mechanics’ and materialmens’ lien claims
• Lien disputes and quiet title litigation
• Lawsuits for specific performance of real estate sale agreements
• Bankruptcy adversary proceedings, including prosecution of nondischargeability complaints and defense of preferential transfer and fraudulent conveyance actions
• Actions to defend and enforce contracts agreements, including non-compete and non-solicitation agreements
• Commercial eviction actions
• Lawsuit and counterclaims brought against financial institutions and servicers
Creditors’ Rights and Judgment Enforcement
A judgment isn’t worth the paper it’s written on if a creditor can’t collect from their debtor. We not only litigate to enforce credit agreements, but our lawyers also are experienced in the most effective methods to collect on their judgments.
We routinely appear in collection and creditors rights litigation in state and federal courts to enforce loans and unpaid credit transactions. Over their careers, our lawyers have obtained more than $100 million in judgments for clients.
Once a judgment is obtained, we know that our job isn’t finished, and our lawyers work to collect the judgment debt by investigation and seizure of available assets, including through execution, levies, lien enforcement, foreclosure sales of collateral, sheriff’s sales, and post-judgment asset discovery.
We assist creditors at all stages of the collection process, including in any bankruptcy cases. Our lawyers represent a wide variety of creditors in Bankruptcy Court under all chapters of the Bankruptcy Code. We have represented secured creditors, critical vendors, unsecured creditors and have acted as counsel for bankruptcy trustees and unsecured creditors’ committees. Additionally, we routinely litigate issues related to reorganization, confirmation of bankruptcy plans, stay relief and objections to dischargeability of debts.
General Business and Corporate Advice
The focus of our practice is on legal issues facing businesses, and we regularly assist our clients on all types of issues facing their businesses. We work with entrepreneurs and new businesses in navigating the formation process, including entity selection and specific bylaw and operating agreement considerations.
Because so much of our experience is in litigation and dispute resolution, our clients look to us for advice on all types of issues facing their business, and we regularly counsel our business and corporate clients in dealing with every-day decisions and agreements to help them avoid mistakes and costly litigation.