Creditors' Rights & Special Situations

We represent lenders, servicers, credit funds, note purchasers and investors in defaulted and distressed situations — evaluating collateral position, confirming enforceability, preserving remedies, and choosing among forbearance, modification, foreclosure, receivership and negotiated transfer. When a loan stops performing the range of outcomes narrows quickly, and the sequence in which those decisions are taken determines what remains available.

The firm serves as foreclosure counsel to lenders and investors on commercial real estate collateral, and handles loan workouts and commercial collection matters for financial institutions and investment managers, including replevin, repossession of collateral, fraudulent-transfer litigation and post-judgment collection proceedings.

On the investment side, we represent purchasers structuring and acquiring distressed loan portfolios, and creditors pursuing collection and recovery against distressed assets, including sales of loan portfolios. We also represent borrowers, sponsors and guarantors in the same situations.

Because the firm also originates and documents commercial loans, a distressed file is read the way it was written — against recourse carve-out triggers, cash management provisions, transfer covenants, perfection, and the intercreditor terms that govern what a subordinate lender or preferred equity investor may actually do.