Bankruptcy & Creditors' Remedies
This GDHM Group combines expertise across many facets of law to assist in transactional and litigation-oriented matters that focus on protecting our clients’ interests and investments.
Our Approach
This GDHM Group combines the expertise of bankruptcy practitioners, civil litigators and real estate foreclosure practitioners who have represented creditors, debtors, equity security holders and other parties in interest for more than 25 years, with the savvy of long-time banking, finance and securities lawyers who know the economic ups and downs of multiple industries.
The services offered by our Bankruptcy and Creditors’ Remedies Practice Group include both transactional and litigation-oriented matters, with a focus on protecting our clients’ interests and investments in all Chapter proceedings under the Bankruptcy Code. This protection includes working with the firm’s Banking and Finance Group to better understand and prepare for bankruptcy filings and the appropriate measures to consider from the creditors’ perspective. These measures range from the routine practice of monitoring ongoing bankruptcy cases to handling complex preference, fraudulent transfer and other avoidance power litigation, cash collateral use issues, executory contracts, discharge and dischargeability matters, claims litigation, objections to exemptions, and plan confirmation issues.
We also draw upon the firm’s civil litigators in collateral litigation in the state and federal courts, including guaranty litigation, large collection matters, fraudulent transfer and insider preference litigation, defense of injunctions or restraining order actions attempting to prevent foreclosure, and lender liability matters.
The Bankruptcy and Creditor’s Remedies Practice Group also represents select debtors who are dedicated to following the letter and spirit of bankruptcy law. In some situations, an orderly liquidation of assets to maximize the return to creditors is required. In other situations, it is to the advantage of all for the debtor to reorganize and propose a plan of repayment that (a) enables creditors to receive more money than if the debtor was liquidated, and (b) enables the debtor to continue in business and retain jobs.
This firm understands the limits and liberties of the relief provided by bankruptcy. As succinctly stated by other authorities, “the purpose of bankruptcy is to provide a fresh start, not a head start.” And in providing this fresh start, the debtor must be committed to entering a financial glass house where its transactions are transparent and the debtor has limitations on what it may do without first obtaining bankruptcy court approval.
To effectively represent our debtor clients, we hold them to the strict standard that the law requires. But by holding our clients to a strict standard, we (a) maintain credibility before the Court, (b) gain the trust of creditors, and (c) maximize the return to the debtor.
Graves Dougherty’s experienced foreclosure and real estate lawyers counsel creditors in all aspects of loan transactions secured by real property and personal property. From initial default considerations, to workout negotiations, to asset preservation, and through property disposition by foreclosure.
