Jaburg Wilk

Creditor's Rights

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Creditor's Rights - Bankruptcy

Creditor's Rights Attorney Phoenix, AZ With more the 100 years of combined experience, the creditor's rights attorneys assist creditors in collecting monies that they are owed by using legal remedies, including representation in bankruptcy courts. The Bankruptcy Code is complex, and in many cases, it may be subject to the interpretation of the judge hearing the case. Bankruptcy is a distinctive area of the law which requires legal expertise. The creditor's rights practice group represents banks, lending institutions, credit unions, construction companies, equipment rental companies, material suppliers, secured and unsecured creditors and private companies. When representing our creditor clients, our bankruptcy attorneys counsel on issues which arise in bankruptcy including liability, collectability, dischargeability concerns, secured/unsecured transactions and fraudulent transfers. 

Recent areas that we have assisted our creditor's rights clients with include:

  • Bankruptcy Code provisions regarding single asset real estate bankruptcies
  • Small business bankruptcies
  • Cram down provisions under the Bankruptcy Code and the corresponding ramifications
  • The nature and impact of a creditor's right to an election under Bankruptcy Code section 1111(b) 
  • Leverage points for the lender, including guarantor liability and discharge issues
  • Plan confirmation issues 

In addition to lending clients, this group represents general contractors and subcontractors protecting their financial interests through the use of preliminary notices, lien claims, bond claims, license bond complaints, Arizona "no pay/prompt pay" provisions and lien foreclosure actions.

Contact our Bankruptcy Team

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