Proactively Protecting Financial Interests.

Hanson Baker attorneys support financial institutions, creditors, borrowers, and landlords in simple and complex transactions and recovery. Our Creditors’ Rights Practice is devoted to helping creditors protect their interests, minimize their risk, and maximize their recovery. When the financial position of a borrower becomes precarious, or when borrowers go into default, we provide assistance in the form of plans for immediate action to better protect their interests.

Workouts

Hanson Baker regularly represents secured and unsecured lenders in workout negotiations in which we are often able to revise loan terms, reorganize collateral requirements and restructure debt for borrowers experiencing temporary setbacks. We have helped resolve matters involving defaults on land development loans and multi-million dollar lines of credit.

Receivership

When it comes to insolvency proceedings, receiverships are increasingly being employed as a more practical alternative to bankruptcy. We advise our clients on whether a receivership is in their best interests. If so, we utilize our network of receivers to find one best suited for the insolvency at hand. When a client becomes involved in receivership proceedings, we provide representation and guidance concerning how to best maximize our client’s position and right to recovery.

Bankruptcy

We have been involved in a number of complex bankruptcies on behalf of clients nationwide involving hundreds of millions of dollars. Depending upon the particular needs of our creditor clients, we are often extensively involved in creditor committee actions and we have served as creditor committee counsel. We represent lenders when their borrowers seek bankruptcy protection, which typically includes:

• Filing 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
• Reviewing and objecting to bankruptcy plans that are not in the best interests of our clients
• Negotiating cash collateral agreements and plan confirmations
• Advising on the benefits and pitfalls of serving on creditors’ committees
• Assisting with the purchase or sale of assets from bankruptcy

Commercial Collections & Foreclosures

When a company has difficulty collecting receivables or dealing with a particular customer, Hanson Baker 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.

• Conducted hundreds of nonjudicial deed of trust foreclosures for a variety of banks and numerous private lenders, and defended lenders from allegations of wrongful foreclosure.
• Represented lenders in numerous receivership proceedings and in judicial foreclosure proceedings.
• Arranged title insured, non-merger deeds in lieu of foreclosure, allowing lenders to retain their security and complete construction or take over leasing activities.
• We represent secured creditors in all aspects of foreclosure, including judicial and nonjudicial foreclosure proceedings, short sales, receiverships, and deeds in lieu of foreclosure.

Lien Enforcement

We advise creditors concerning lien recovery and foreclosure, and provide assistance regarding enforcement of many types of liens, including deeds of trust, UCC liens, homeowners’ association liens, construction liens, mechanics’ and materialmen’s liens, agricultural liens, and PACA liens (involving perishable goods), all in and out of bankruptcy.

Secured Lending, Loan Document Preparation and Review

Our experience includes  owner in financing and refinancing numerous commercial properties in Washington, Arizona and California. We represent banks and lenders in preparing form loan documents for construction and collateralized loans, reverse 1031 Exchanges and transactions with non-traditional collateral requirements.