Foreclosures, Collections, and Workouts in Bankruptcy for Lenders
Gould & Ratner's Foreclosures, Collections, and Workouts practice combines the firm’s skilled bankruptcy practitioners and seasoned litigators to provide strategic solutions for lender clients dealing with distressed or non-performing loans.
The firm has substantial experience in foreclosures, workouts, and restructurings of distressed real estate and commercial credit facilities in bankruptcy proceedings. Gould & Ratner's attorneys help lenders identify options and strategies that will maximize their recovery in troubled credit situations, while minimizing risk and expense.
We frequently represent lenders in Chapter 11 reorganizations. On behalf of secured creditors, unsecured creditors, and creditors’ committees, we work with clients to recover pledged collateral, prosecute claims, realize upon liens and security interests, and defend creditors against whom claims have been asserted.
We represent financial institutions in restructuring loans, financing Chapter 11 debtors through debtor-in-possession financing and cash collateral orders, negotiating adequate protections for use, or prohibiting use of a creditor’s assets by a company in bankruptcy, and recovering possession of a client’s property from borrowers both in and outside of bankruptcy cases.
We also represent creditors filing involuntary bankruptcy petitions and have represented creditors in successfully blocking the discharge of their claims against bankrupt borrowers. We have represented secured and unsecured creditors in contested confirmation hearings and have filed and confirmed reorganization plans on behalf of secured and unsecured creditors, thereby taking control of the reorganization process to facilitate recovery on creditors’ claims.
Our attorneys’ representations include working with secured and unsecured creditors, settling guaranteed obligations, collecting assets, and liquidating claims. Gould & Ratner's litigation attorneys have experience with all types of insolvency related litigation, arbitration and dispute resolution.
We have substantial experience in commercial collection litigation, real estate foreclosures, and other insolvency related litigation matters. Our attorneys have represented lenders foreclosing on commercial, retail, and office properties, apartment buildings, farms, partially completed residential developments, industrial, and specialty and mixed-use properties. Our litigators have successfully pursued lawsuits involving collections on notes and guarantees, resolved inter-creditor disputes, and pursued foreclosure on assets securing asset-based loans.