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
