Creditors’ Rights

Our attorneys have decades of experience and knowledge of the law and commercial contexts relating to creditors’ rights matters, and regularly work with our clients to develop strategies and solutions to fit their needs and goals. Nolan Heller Kauffman provides banks and other creditors with a full-range of creditors’ rights representation, including workouts and forbearance transactions, commercial loan restructurings, commercial collections, mechanics’ liens matters, foreclosures, receiverships, liquidations, replevins and seizure orders, insolvency and bankruptcy proceedings, and other matters involving the need to protect and advance the interests, collateral, and other rights of creditors.

Nolan Heller Kauffman’s attorneys are experienced in all manner of loan, collateral and contract documentation, and regularly undertake a detailed analysis of original contract, loan, and mortgage documentation, including a review of original due diligence materials and collateral files; a review of current financial statements and other reporting documentation; and an analysis of real estate title, UCC filings and other matters affecting collateral.

Our attorneys have decades of experience in all aspects of commercial loan workouts, loan restructuring and other out of court solutions to troubled debt situations, and have extensive experience negotiating and documenting all manner of workouts, including commercial real estate loans, healthcare industry loans, asset-based loans, equipment leases, aircraft loans and leases, participation loans and letter of credit-based financings.

We have substantial creditors’ rights litigation experience in state and federal court, including promissory note and guaranty actions, commercial foreclosures, receiverships, attachments, replevins and seizure orders, and defense of lender liability claims. Nolan Heller Kauffman’s attorneys are particularly knowledgeable and experienced in the enforcement and collection of money judgments, and we have often been engaged by banks, financial institutions, and government agencies and departments to pursue enforcement of difficult collection matters.

Nolan Heller Kauffman routinely represents secured creditors, DIP lenders, trustees, creditor committees, and other creditor interests in all aspects of commercial bankruptcy proceedings. Our experience encompasses cash collateral and DIP financing issues, claims objections, asset sales under section 363 of the Bankruptcy Code, pre-packaged plans, and consensual and contested plan confirmations, and litigation and resolution of avoidance actions, such as preference and fraudulent conveyance claims.