Flaherty  |  Sensabaugh  |  Bonasso   PLLC

Bankruptcy and Creditors' Rights

In these challenging economic times, clients need a careful understanding of creditors’ rights and bankruptcy laws.   With the scope of our Bankruptcy and Creditors’ Rights practice, we offer clients a unique perspective on the issues involved in all areas of insolvency law in a wide range of industries.

Our attorneys are armed with a broad understanding of the bankruptcy reorganization process and are experienced in creditor’s rights laws and procedures outside of bankruptcy court.  We work with clients to develop strategies to best navigate a case, and we offer skilled advocacy to enforce our clients’ rights in court. Often, we accomplish our clients’ goals while avoiding bankruptcy altogether.

In commercial bankruptcy cases, we represent:

  • Secured lenders to obtain relief from the automatic stay, and we negotiate fair treatment in adequate protection negotiations, asset sales, and plans of reorganization
  • Asset purchasers and equity purchasers
  • Distressed businesses
  • Creditor committees
  • Defendants in preference and fraudulent conveyance actions

Outside of bankruptcy court, in distressed business matters we:

  • Help secured lenders to restructure troubled loans, negotiate forbearance agreements, review of loan documents and shore up lien positions
  • Represent litigants in disputed collection cases in state court, and enforce judgments under state laws
  • Conduct real estate foreclosures, and administer article 9 sales and remedies
  • Litigate real estate title disputes and lien priority disputes
  • Help distressed businesses prepare for potential bankruptcy, negotiate out-of-court workouts, negotiate asset sales, and help with the winding up of a business
  • Investigate and prosecute fraudulent transfer actions under state law
  • Prosecute and defend mechanic’s liens under state law
  • Prosecute receivership actions