Bankruptcy and Creditor's Rights Law

These trying economic times present creditors with difficult business decisions requiring skilled analysis, lawyering, and advice. We know that bankruptcy and related proceedings do not occur in a vacuum, and that the creditor’s decision-making process is impacted by a myriad of complexities that involve preservation of assets, foreclosures, and work-outs, as well as related litigation in the bankruptcy setting.  Our Bankruptcy and Creditors' Rights Group works closely with our litigators and where appropriate, real estate attorneys, to provide a 360º perspective to all creditors.

In addition to classic bankruptcy scenarios, we also achieve positive results for creditors, including financial institutions, municipalities and condominium associations, seeking to have their loan and contractual rights and liens enforced, this includes the collection of judgments, and in rem proceedings involving the foreclosure of physical and intangible assets.

Distressed Property Workouts

The Group also works closely with our real estate and land use attorneys to provide high-quality counsel concerning loan workouts and restructuring and loan modifications.  We know that financial institutions work under critical internal and regulatory deadlines, and our banking clients have come to appreciate our real-time and prompt advice-giving and "speed dial" responsiveness.

Post Judgment Collections

Our litigators are also skilled in enforcing and collecting domestic and foreign money judgments. Post-judgment discovery is one of our strengths. In the interconnected global marketplace, our tenacious approach to judgment collection frequently crosses national borders. We have directed collection efforts throughout the world, including in Central and South America and abroad, and we are well-versed in international treaties and the Hague Convention principles. Simply put, there are few places on earth where judgment-debtors can hide these days, and we know where to find them.

Our experience includes:

  • Defense of preference and fraudulent conveyance litigation in bankruptcy courts throughout Florida;
  • Dismissal of bankruptcy Chapter 7, 11 or 13 cases as appropriate to achieve stay relief on behalf of creditor clients;
  • Representation of creditor committees, as well as individual secured and unsecured creditors;
  • Litigation involving unexpired leases and executory contracts;
  • Determinations of "single asset real estate;"
  • Determinations of non-dischargeability of claims of creditors through adversary proceedings; and
  • Litigation of other contested matters and adversary proceedings.