Creditors' Rights

Creditors' Rights

Our creditors' rights practice involves substantial work on behalf of banks and other secured lenders in connection with both loan restructurings and workouts, as well as representation of secured creditors and lessors in both Chapter 11 and Chapter 7 bankruptcy proceedings. We have substantial experience in representing secured creditors in obtaining relief of the automatic stay and/or adequate protection. We also help address the host of debtor and intercreditor issues that typically surround Chapter 7 and 11 bankruptcy proceedings involving commercial firms and other large debtors, including 363 sales.

While we do not typically handle Chapter 13 proceedings or other small consumer cases, our practice efficiencies and rate structure allow us to assist clients in need of legal representation on pre-petition work-outs and smaller bankruptcy cases involving commercial credits arising at the "business banking" or "commercial lending" levels below traditional C&I cut-offs. We bring the same skill sets and efficiencies to the handling of these credits as we bring to the larger C&I credits.

Our creditors' rights practice also involves representing and assisting secured creditors in the sale of collateral by public or private sale under the Uniform Commercial Code, as well as the foreclosure of real property in both Georgia and Tennessee. We also routinely counsel and represent unsecured trade creditors faced with the difficulties and uncertainties pertaining to the collection of accounts receivable with troubled firms, including the defense of preference actions and, where appropriate, the assertion of reclamation claims.