Running a successful business depends on building successful relationships with clients and customers. But what happens when business customers fail to pay their debts? If you are a secured lender, an equipment lessor, a commercial real estate manager, or a collection attorney, enforcing your rights as a creditor can be challenging. The situation becomes more complicated when the party that owes you money seeks bankruptcy protection.

Dunlap Bennett & Ludwig routinely represents small and large businesses as well as individuals in complex creditor actions. Our team is comprised of litigation and transactional attorneys with extensive experience in debt restructurings, workouts, receiverships, and replevins. Additionally, the firm’s bankruptcy and creditors’ rights attorneys have a proven track of successfully handling litigation in various jurisdictions throughout the United States.

Protecting Creditors’ Rights

Our attorneys are committed to protecting the rights of creditors and business debtors and designing solutions that are fair and reasonable to all parties. We have a proven track record of designing successful strategies inside or outside of the courts.

Loan Restructurings and Workouts

We represent commercial lenders in complex debt restructuring transactions. By designing comprehensive, cost-effective loan workouts, we help lenders and lessors resolve a wide range of challenging legal issues. Our experienced workout attorneys review and analyze existing loan documents, negotiate and draft loan modification and forbearance agreements, or deeds in lieu of foreclosure. We also help clients explore alternatives to foreclosure and bankruptcy. If the debt cannot be restructured, our experienced trial attorneys are fully prepared to pursue litigation.

Equipment Lease Recovery

The creditors’ rights attorneys at Dunlap Bennett & Ludwig have working knowledge of equipment leasing documents and processes. We represent equipment lessors in the recovery of all types of equipment and also seek monetary damages arising from equipment lease defaults. Our team is well versed in applicable provisions of the Uniform Commercial Code and the tax and regulatory issues related to equipment financing.

We have a proven history of achieving successful outcomes through state court remedies and bankruptcy proceedings. While we provide strategic advice to help our clients enforce creditor judgments and replevins, we may recommend that they work out favorable modifications of equipment lease agreements.

Bankruptcy Litigation and Representation

We have extensive experience protecting creditors’ rights in bankruptcy proceedings. The firm’s clients include:

  • Debtors
  • Trustees
  • Unsecured creditors committees
  • Bank syndicates
  • Financial institutions
  • Secured and unsecured creditors
  • Lessors
  • Indenture trustees
  • Claims sellers and purchasers
  • Purchasers of assets

Our attorneys leverage their legal knowledge and experience to provide clients with strategic advice and help them explore all their options. We are highly experienced in all phases of the restructuring and reorganization process via Chapter 11 proceedings as well as liquidations under Chapter 7 of the Bankruptcy Code.

Dunlap, Bennett & Ludwig’s experience includes:

  • Restructures and forbearance agreements
  • Loan workouts
  • Debtor-in-possession (DIP) financing
  • Cash collateral and adequate protection disputes
  • Contested asset sales
  • Claims purchases and sales
  • Contested plan confirmation proceedings
  • Claims objections
  • Avoidance actions
  • Post-confirmation litigation
  • Representing creditors and buyers in bankruptcy sales
  • Defending creditors’ claims in Chapter 7 proceedings

We also represent clients in transactional matters related to financially distressed assets, including acquisitions and bankruptcy avoidance. Our practice also focuses on protecting creditors’ interests in complex bankruptcy proceedings when clients have been accused of receiving a preferential transfer or violating an automatic stay.

Bankruptcy and Creditors’ Rights Attorneys

At Dunlap Bennett & Ludwig, we are keenly aware that it is crucial for creditors to move quickly to protect their rights when a debtor files for bankruptcy. By failing to take the appropriate legal steps, including filing the necessary court papers within the applicable deadline, creditors can become ineligible to receive payments that are owed. Our team has a well-earned reputation for successfully representing creditors and business debtors in high stakes bankruptcy cases.

At the same time, we recognize that bankruptcy proceedings can be lengthy and expensive. Therefore, we work with lenders and businesses to explore alternatives, such as restructurings, assignment of assets and receiverships. We routinely collaborate with a respected network of professionals including financial advisors and accountants to help our clients achieve successful results. Above all, we provide clients with sophisticated, cost-effective solutions that are designed to protect their rights. Call our office or complete the contact form on our website to set up a consultation.

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