Creditors’ Rights
Working together to solve legal, financial and business challenges.
The attorneys in the Capes Sokol Creditors’ Rights practice take a collaborative approach to solving your complex legal, financial and business problems. We work closely with lenders, creditors and even opposing counsel to find creative, efficient and effective solutions.
Our attorneys counsel creditors in out-of-court workouts and litigation in bankruptcy courts, federal district courts, state courts and courts of appeals. We have extensive experience resolving a range of issues, including preference claims, perfection of claims in bankruptcy, enforcements of security interests, and 363 sales.
When construction disputes arise, particularly in the context of bankruptcy hearings, Capes Sokol attorneys can help. We have substantial experience perfecting and defending statutory mechanic’s liens. We can help individuals and businesses purchase assets from bankrupt or insolvent enterprises. In addition, our Creditors’ Rights team helps financially viable companies restructure debt and negotiate refinancing.
Services
- Perfection of claims and security interests | Contractors’ and suppliers’ mechanic’s liens | Lenders’ security interests
- Defense against trustee avoidance actions | Careful study of billing and payment histories
- Automatic stay litigation | Enforcing rights against the property of a bankruptcy estate | Bankruptcy law | Complex commercial loan transactions
- Foreclosures and receiverships | Demand and acceleration | Liquidation of collateral
- Condominium and homeowner's associations | Collection of delinquent accounts | Lawsuits for nonpayment of assessments and fines
- Asset acquisition and disposition
- Proceedings to reject, assign or assume executory contracts and unexpired leases
- Section 365 of the bankruptcy code
- Workout negotiations | Documenting complex commercial lending transactions | Negotiating solutions to mitigate losses if borrower defaults
- Debtor-in-possession financing | Chapter 11 reorganizations
- Loan restructuring
- Sale of defaulted loan obligations | Sale and acquisition of debt
- Involuntary bankruptcy petitions
- Construction dispute resolution in bankruptcy and other courts | State courts | Federal courts | Bankruptcy courts
- Representation of creditors’ committees, indenture trustees and bondholder committees
- Tax advice
Team
Practice Group Chair
Attorneys
Other Professionals
