Bankruptcy and Creditors' Rights

The attorneys at Goldberg Segalla represent a variety of creditors, including lenders, manufacturers, builders, retailers and judgment creditors. We have broad litigation experience as well as a comprehensive working knowledge of state debtor-creditor laws and federal bankruptcy law. As a result, we can cost-effectively pursue the collection of commercial debts at every stage, from initial contract negotiations to demand letters, workout negotiations, mechanic’s liens, litigation, and judgment enforcement via replevin, attachment, property execution, garnishment and foreclosure. 

 Our experience includes: 

  • Protecting and defending creditors’ rights in all aspects of Chapter 7, 11, 12 and 13 bankruptcy proceedings
  • Negotiating and drafting initial credit facilities designed to minimize credit risks and maximize recovery prospects in the event of default
  • Drafting payment demands crafted to exploit all available leverage and encourage payment without litigation
  • Counseling clients to secure their interests through security agreements, UCC filings, pledges, mortgages and other forms of collateralization
  • Positioning clients for cost-effective and convenient resolution of payment disputes through contractual provisions governing jurisdiction, venue and attorneys’ fees
  • Evaluating the viability of collections claims against debtors before beginning collections efforts and investing resources
  • Prosecuting collection litigation in local, state, federal and bankruptcy courts throughout the United States
  • Defending preference claims
  • Representing insurers in seeking stay relief to terminate surety and fidelity obligations
  • Utilizing alternative dispute resolution through arbitration and mediation
  • Identifying and reversing fraudulent conveyances of assets by debtors attempting to defraud creditors
  • Selecting and implementing appropriate and cost-effective post-judgment asset investigation techniques, including debtor examinations, information subpoenas, third-party subpoenas and examinations and real estate and lien searches
  • Negotiating and collateralizing workouts, repayment and forbearance agreements