Practices and Industries: Creditors' Rights

Hanson Baker attorneys support corporate and individual clients in all matters related to their commercial practices, assisting to minimize risk and maximize recovery when dealing with financially troubled businesses. These types of activities include:

Preventive Lawyering
Lien Enforcement
Creditors' Rights in Bankruptcy
Receiverships
Landlord Tenant Issues
Commercial Collections

Preventive Lawyering. We believe that we should help clients avoid disputes and put them in the best position possible in the event problems arise. Accordingly, we provide credit audits to clients, reviewing credit applications, loan documents, contract and invoice terms, the use of personal guarantees, and potential lien rights to best protect clients’ interests.

Lien Enforcement. We can provide advice and assistance regarding enforcement of all types of liens, including homeowners’ association liens, construction liens, agricultural liens, and PACA liens (involving perishable goods), both in and out of bankruptcy.

Creditors’ Rights in Bankruptcy.  We will assist clients when their customers seek bankruptcy protection, including the following:

• Filing of proofs of claim
• Obtaining early or accelerated payments on claims when possible
• Evaluating lien rights and seeking relief from stay when appropriate
• Advising landlords or tenants regarding assumption of leases and other executory contracts
• Defending preference and fraudulent conveyance actions
• Negotiating cash collateral agreements and plan confirmation
• Advising on the benefits and pitfalls of serving on Creditors' Committees
• Assisting with the purchase or sale of assets out of bankruptcy

Receiverships.  More and more, receiverships are being seen as the more practical alternative to bankruptcy proceedings. We can assist in deciding whether a receivership suits the client's needs, and when a client becomes involved in a receivership proceeding, can provide guidance in how best to maximize the client's position and right to recovery.

Landlord/Tenant Issues.  Both landlords and tenants have been impacted by the current economy, and we can assist, both in understanding landlord’s and tenant’s rights, and in enforcing those rights.

Commercial Collections.  When clients are having difficulties collecting receivables or with a particular customer, we can provide advice regarding the options available and the best way to ensure receivables are collected and revenues are maximized, including pursuing personal guarantors when available.