Creditor's Rights

Representing both the financially troubled and the creditor, Bingham McHale provides a variety of services to its creditors’ rights, business reorganizations and bankruptcy clients.

Working with secured creditors, we help to enforce claims for payment and recovery of secured property. We also counsel clients concerning loan workouts and restructuring, litigation in state and federal courts, and contested matters in bankruptcy or reorganization proceedings.

The firm regularly represents financial institutions, publicly and closely-held companies, municipalities and individuals in matters involving:

• Administration of debtors’ estates;
• Defense of adversary proceedings including preferential payments, fraudulent transfers, turnovers, lien avoidance and set offs;
• Chapter 7, 11, 12 and 13 bankruptcy proceedings; real estate and foreclosures; replevin actions;
• Defense and pursuit of guarantors;
• Collection of subrogation claims for medical expenses;
• Defense of tax claims in bankruptcy proceedings; and
• Out-of-court workouts and numerous other commercial collection matters, both large and small.

We also work with financially troubled companies. Informal workouts or restructurings are thoroughly explored to avoid the cost, delay and publicity of formal bankruptcy proceedings. Where necessary to protect assets or permit reorganization, we effectively represent clients in bankruptcy or reorganization proceedings.

As financial conditions continue to weigh heavily on the real esate market, our firm has created a Distressed Real Estate Assets Team to help lenders, owners and other stakeholders strategically assess their options.

Contact: Thomas Scherer, tscherer@binghammchale.com

Related Areas: Experience