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Creditors' Rights Litigation

Many of our business and individual clients need an aggressive and thorough lawyer to pursue collection of monies they are owed. Our expertise encompasses both complex and simple commercial collections involving all forms of creditor’s remedies, including:

  • Collection Lawsuits

  • Cognovit Judgments

  • Receiverships

  • Pre and Post-Judgment Attachment

  • Garnishments

  • Foreclosures

  • Fraudulent Transfers

  • Replevin Actions

  • Debtors’ Exams

We have also successfully “pierced the corporate veil” and recovered from individual owners of businesses who have not adhered to corporate formalities, or who induced our clients to extend credit or deliver goods based on fraudulent representations of payment.

Our creditor’s rights attorneys have significant experience handling adversary proceedings in Bankruptcy Court, such as the defense of preference actions. In addition, we have vast experience in drafting a wide variety of loan and security agreements, as well as the perfection, preservation and enforcement of security interests in many forms of collateral, including real estate, inventories, accounts receivable and equipment.

Representative Engagements

 

  • Represented steel distribution company in collection action against owners and officers of debtor who made false representations of payment to induce distribution company to deliver product

  • Secured a prejudgment attachment order of all assets belonging to automobile dealership which defaulted on lease, abandoned property and re-opened in another location

  • Obtained $143,000 cognovit judgment against debtor, and then negotiated secured payment plan of outstanding debt

  • Represented national REIT in numerous collection actions against defaulting commercial tennants and guarantors, resulting in multiple six-figure recoveries and negotiation of secured payment plans and forebearance agreements

  • Obtained payment in full of judgment owed by national retailer to REIT by securing attachment order covering all inventory and equipment of retailer located at local shopping center

  • Defended guarantors of bank loan in foreclosure action brought by lender following company’s default through all post-judgment collection proceedings

  • Represented window manufacturer in multiple collection proceedings against defaulting contractors/purchasers

  • Brought replevin action on behalf of automobile dealer to recover possession of demo vehicle kept by former employee

  • Secured $83,000 default judgement against co-tenant following breach of cognovit note

  • Negotiated forbearance agreement relating to $550,000 debt owed by business owner to business associates following entry of contested judgement

  • Obtained judgement of $897,000 for client and negotiated amended and restated cognovit note regarding indebtedness