Creditor Representation

Too often, creditors find themselves having to conclude important, expensive business relationships in bankruptcy court. At Robins Kaplan LLP, we bring a comprehensive understanding of bankruptcy law earned in complex insolvency proceedings to our representation of secured and unsecured creditors. Our emphasis on debtor-creditor matters gives our bankruptcy lawyers a special understanding of the bankruptcy and state law debtor-creditor system. In addition, we use insights gained from representing debtors, trustees, and other participants in debtor-creditor legal proceedings to benefit clients we represent as creditors.

Our unsecured creditor clients run the gamut from small businesses pursuing collection of a claim to large institutional investors holding hundreds of millions of dollars of publicly traded debt instruments. We also represent unsecured creditors with specialized problems, such as landlords, franchisors, licensors and licensees.

For secured creditors, our attorneys evaluate the client’s security documentation and, if issues exist, recommend ways to address them. Outside the bankruptcy arena, we have advised secured creditors on forbearance agreements, out-of-court restructurings, foreclosure proceedings, assignments for the benefit of creditors, and receiverships. In bankruptcy cases representing secured creditors, we have employed the full range of creditors’ remedies, including:

  • Appointment of Trustees
  • Debtor in Possession Financing
  • Motions for Relief
  • Opposition to Plan Confirmation
  • Proposing a Creditor’s Plan.
  • Stay to Opposition
  • Use of Cash Collateral