
Tucker Arensberg’s Insolvency & Creditors’ Rights Practice Group has broad experience in bankruptcy and creditors’ rights matters throughout the United States. Our attorneys are experienced in all aspects of creditors’ rights, insolvency, bankruptcy and reorganization and distressed debt situations including workouts, receiverships and debt restructurings.
The attorneys in this group represent secured creditors, trade creditors, creditor committees and municipal and leasing creditors as well as purchasers in the context of bankruptcy sales.
On behalf of unsecured and secured creditors, including major banks and other lending institutions, we negotiate aggressively with debtors, trustees and others in the enforcement of claims and litigation when necessary to protect our clients’ interests. The experience of the firm’s attorneys makes them well-suited to provide pre-bankruptcy protection planning for businesses, banks and lending institutions and to develop strategies dealing with all stages of a troubled enterprise, from out-of-court negotiations to workout, litigation and bankruptcy.
Our attorneys deal with national and regional bankruptcies posing many significant and complex issues. They assist clients with all aspects of claim prosecution and protection in bankruptcy cases, including preparing and filing proofs of claims, seeking relief from the automatic stay and protecting claims in the plan process in chapter 11, 12 or 13 proceedings.
Attorneys in this group assist creditors’ and shareholders’ committees in the evaluation of insolvency situations, negotiations with debtors and trustees, formulation of reorganization and workout plans, and analysis of plans, data and documents.
Our Insolvency and Creditors’ Rights attorneys also facilitate and prosecute judicial and private sales under applicable state and federal statutes. These attorneys routinely address issues arising under and in connection with statutory lien law including the Uniform Commercial Code and various state laws pertaining to credit analysis, establishment and enforcement of liens, mortgage foreclosures, collection, and repossessions, as well as obtaining, perfecting and enforcing mortgages, liens and judgments. The group also, from time to time, represents commercial debtors in the context of Chapter 11 reorganizations.
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