Creditors' Rights

We represent secured and unsecured creditors, landlords, manufacturers, trade creditors and suppliers, creditors’ committees, and other parties whose interests are impacted by insolvency proceedings. Our creditors’ rights attorneys understand the legal and business issues that drive recovery strategies and have significant experience navigating high-stakes distressed asset situations, both in and out of court.

Restructuring and Workouts

Our corporate restructuring & insolvency team regularly represents secured lenders, equipment lessors, vendors, customers, and landlords both in and outside of formal litigation proceedings. We understand the structures of complex financial transactions and the rights of lenders and creditors in a distressed setting. We advise clients across the entire lifecycle of the distressed setting, including the enforcement and restructuring of the contractual obligation, including forbearances and modifications.

Our creditors’ rights are experienced at structuring out-of-court consensual solutions to address a distressed situation, giving a borrower or tenant time to recover and avoid an in-court dispute, whether bankruptcy or other litigation.

If a bankruptcy, insolvency proceeding, or other litigation occurs, we advise our clients of legal options and assist them in navigating the process as efficiently and effectively as possible. Our experienced restructuring lawyers lead our clients through complex issues concerning cash collateral, debtor-in-possession financing, critical vendor issues, cash management structures, asset sales, Chapter 11 plans, Article 9 sales, and all other aspects of financial restructurings.

Restructuring and Workout Services

• Out-of-court workout and restructuring—loan/lien review
• Forbearance agreements
• Loan modifications
• Equity structure modifications
• Statutory wind-downs

Collections

Our attorneys help clients pursue and recover debts in a strategic and cost-effective manner. Our team has deep experience enforcing judgments and pursuing payment through demand, negotiation, litigation, or post-judgment remedies. Our creditors’ rights attorneys understand the practical challenges of collections and tailor our approach to align with each client’s goals—whether preserving key commercial relationships or pursuing aggressive recovery actions.

We also represent creditors in state and federal court proceedings and in adversary proceedings in bankruptcy court. Our focus is on swift resolution and efficient use of resources, often through pre-litigation resolution strategies such as workouts, settlements, or lien enforcement.

Collections Representation Services

• Pursue recovery through demand letters, negotiation, and structured settlements
• File and prosecute collection actions in state, federal, and bankruptcy courts
• Enforce judgments through garnishments, levies, and other post-judgment remedies
• Locate and recover collateral in secured transactions
• Litigate and defend preference and fraudulent transfer claims in bankruptcy
• Record and enforce liens against real and personal property
• Negotiate out-of-court workouts, forbearance agreements, and payment plans
• Advise on collections strategy for large-volume or high-value accounts
• Coordinate multi-jurisdictional recovery efforts and cross-border enforcement
• Align collections efforts with business goals and commercial relationships

Landlords

Our creditors’ rights attorneys represent commercial landlords in bankruptcy and restructuring matters across a wide variety of asset classes, including retail, office, and industrial. We advise on the treatment of leases in bankruptcy, including assumption, rejection, assumption/assignment, and lease amendment negotiations. Our attorneys are skilled at ensuring landlords’ rights are protected through bankruptcy cases, including the post-petition compliance with all lease provisions such as rent payment, strategic guidance with potential assignments, and support to ensure interests are protected in a reorganization plan.

We also assist landlords in out-of-court scenarios where distressed tenants seek rent relief, modifications, or early termination. We understand the economic pressures and legal protections in lease agreements and help landlords navigate solutions that protect long-term asset value.

Landlord Representation Services

• Advise on lease treatment in bankruptcy, including assumption, rejection, and cure obligations
• Enforce landlords’ rights in tenant bankruptcies, including seeking relief from the automatic stay and preserving position in a reorganization plan
• Assert administrative expense claims for outstanding post-petition obligations, whether through negotiations or formal court filing, and damages claims for rejected leases
• Advise on strategies to preserve lease rights and enforce remedies prior to chapter 11 or chapter 7 cases, including counseling on early lease terminations and mitigation strategies outside of court
• Represent landlords in contested matters, including motions, objections, and adversary proceedings
• Coordinate with property managers and asset owners to maintain asset value during tenant distress
• Advise on the intersection of leasing, guaranty enforcement, and real estate financing in distressed scenarios