Creditors' Rights and Bankruptcy
Our Creditor's Rights and Bankruptcy team has the experience to guide you. In a group where partners average more than 20 years of experience, we offer a wealth of knowledge and skill. Among our experienced practitioners, we have authorities on "troubled loan" issues, elite strategists at restructurings, and tough negotiators of workouts and bankruptcies.
With a renowned finance group and a talented litigation team at their disposal, our attorneys also have the resources to match their high level of skill. This interweaving of talent leads to service that is seamless, responsive and effective.
We help creditors, debtors, trustees and others in a broad range of industries that span the state and cross international borders. Clients include:
- national and international banks, including multi-state lenders
- insurance companies
- securities brokers and dealers
- public and private corporations
- investment firms
- real property owners
- secured and unsecured creditors, and creditors' committees
- trustees
- debtors
From identifying problem loans to debt restructurings, workouts, foreclosures and bankruptcies, our attorneys handle each issue with the focus and skill clients count on. At Shutts & Bowen, our experience and commitment have been strengths for more than 90 years. Our attorneys will carry on that tradition for many more.
Creditors’ Rights Litigation
We have the versatility and resolve to handle disputes in an area that is increasingly complex. Clients call on our litigation experience to handle actions in real estate, commercial lending and corporate finance. Whether it involves a property foreclosure or a troubled loan, our attorneys are experienced at handling creditor or debtor issues in state and federal courts. This includes pre-judgment remedies and post-judgment actions such as:
- lender liability claims
- receiverships
- rent sequestration issues
- replevin
- garnishment
- attachment
- prosecuting fraudulent transfer claims
- enforcing judgments of other states and countries
Loan Workouts
Our high standing in the financial services industry is a strong testament of our work for banks and lenders. We understand the critical issues that affect our clients and work to neutralize them with innovative techniques and solid strategies. We excel in:
- loan workouts and modifications
- restructurings
- bankruptcy alternatives
- market analysis
- security realization
- reorganization
- capital infusion
- development alternatives for property acquired through foreclosure
Bankruptcy
When a company is in distress, our attorneys act quickly to set an effective plan in motion. This is why, among a long list of achievements, one partner was noted as an "effective strategist" by the Chambers USA Guide.
Our work in this area is tied to secured and unsecured creditors, creditor committees and trustees in Chapter 7 and 11 bankruptcies. We also represent corporate debtors. Actions include:
- plans of reorganization
- debtor-in-possession financing agreements
- cash collateral orders
- stay relief litigation
- avoidance actions (including preference and fraudulent transfer actions)
- challenges to disclosure statements and plans of reorganization
- claims objections litigation
- issues concerning unexpired leases and executory contracts.
