Offit Kurman's creditors' rights attorneys preserve our clients' rights to recovery when another party’s financial hardships impact their ability to pay the debt owed to our clients. Our attorneys guide clients through the complex statutory requirements and claims filing process.
Helping creditors navigate their rights in the face of corporate workouts, financial reorganizations, receiverships and business bankruptcies under Chapter 7 and Chapter 11 of the Bankruptcy Code, Offit Kurman’s creditors’ rights attorneys have represented clients in many industries nationwide. We counsel clients on pre-insolvency collections, and we routinely obtain judgments on behalf of our creditor clients and enforce those judgments in both pre- and post-liquidation and reorganization proceedings.
We regularly represent all types of creditors, including:
- Official committees of unsecured creditors and equity holders
- Landlords for both commercial and residential properties
- Real Estate Investment Trusts (REITS)
- Family LLCs
- Trade creditors
- Secured and unsecured lenders
- Suppliers and distribution partners
- Banks and financial institutions
- Mortgage and lien holders
- Chapter 7 and 11 trustees
- Plan liquidation trustees or agents
- Indenture trustees
- Investors and buyers
We also have significant experience and skills representing receivers and bankruptcy trustees, so we can see all sides of an issue and navigate the process to implement our strategy.
Industry-Specific Creditor Solutions
Having in-depth experience in specific industries means we understand the pressure points, vocabulary, and industry standards that impact the creditor and debtor relationship. We customize our solutions to provide a competitive advantage and more effective and efficient representation. A few of the industries in which we have significant experience in bankruptcy proceedings, restructurings, and workouts include:
- Communications
- Construction
- Cybersecurity Systems
- Energy
- Finance
- Health care
- Housing
- Insurance
- Manufacturing
- Real Estate
- Retail
- Shipping
- Technology
As a multidisciplinary practice, we are able to utilize attorneys with complementary areas of experience, including tax, real estate, business formation, corporate governance, loan documentation, employment, intellectual property, estate administration and construction law, to design comprehensive strategies.
Members of our firm regularly appear in various bankruptcy courts around the country, including Delaware and New York, where many large corporate bankruptcies are filed. We are also familiar with local court clerks’ offices and the United States Trustee for regions throughout the United States.
Creative Alternatives
Due to our representation of clients in unusual situations, we search for creative alternatives to problems. We have successfully used receivership proceedings (akin to bankruptcy in state court) to resolve disputes among creditors and businesses and to resolve disputes among co-owners, including family members. This may be a more prompt and efficient means to address a pending legal issue or to liquidate assets of a business.
Representing Banks and Institutional Lenders
A significant portion of our practice is dedicated to representing financial institutions and other lenders in enforcing loan remedies, including foreclosures, deed in lieu transactions, breach of contract actions and workout agreements. In addition, we prepare loan documents, including forbearance agreements and settlement agreements, that protect future rights and assist lenders in obtaining judgments, followed by the steps necessary to collect on a judgment (garnishments, levying bank accounts, establishing liens, forcing the sale of assets through judicial means and post-judgment discovery), when necessary.
