Creditors' Rights

Creditors' Rights

We help you understand and choose the right tools for your situation, which may include the following:

Litigation. For larger claims, bringing suit in superior courts is often the best choice. For debts under $50,000, a suit in the county district courts is often a faster, cheaper (though often overlooked) option that gives you all the tools you need to collect.

Foreclosures. For secured lenders, we handle foreclosures on real and personal property.

Receiverships. Sometimes it makes sense to seek the appointment of a receiver to operate and sell a business or other assets. Receiverships are commonly used to sell a business as a going concern or to liquidate assets. Receiverships can be used to avoid foreclosing on real property, particularly when the property may have environmental problems, but where the land still needs to be sold to satisfy a debt.

We represent both receivers and institutional lenders in receiverships.

Bankruptcy. We do not represent debtors in bankruptcy. When we show up in court, it is always on the side of creditors. When there is no chance of success, we will tell you before you engage in an expensive court case. First, however, we will look for any opportunity to secure repayment of the debt.

We may object to the borrower’s efforts to keep valuable assets from creditors, seek relief from the bankruptcy stay so that you can recover collateral, or prepare a creditor’s reorganization plan. We will negotiate with the debtor and other creditors to get you the largest possible recovery.

We will take a targeted approach in consultation with you so our actions make business sense, and so you can make decisions at each stage about how to proceed.


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