Carmody lawyers represent creditors, both secured and unsecured, in out-of-court workouts and restructurings, bankruptcy cases and insolvency proceedings to preserve value for lenders and the rights of creditors.
Drawing upon the experience of a multidisciplinary team, we represent our clients throughout the workout and debt restructuring stage and, if necessary, through bankruptcy proceedings, including negotiating and confirmation of reorganization plans, as well as bankruptcy-related litigation.
Our lawyers have negotiated and documented debt restructurings, forbearance agreements, loan portfolio sales, peaceful possession of personal property assets and public auctions and private sales of collateral. We have advised lenders on other remedies under Article 9 of the Uniform Commercial Code, including notification of account debtors and collection of accounts receivable. Our team represents creditors in Bankruptcy Code Section 363 asset sales, and deeds-in-lieu of foreclosure with respect to failed real estate loans.
Our litigators have pursued collection and deficiency actions, appointment of receivers and foreclosures of real estate, defended lender liability claims, obtained relief from the Bankruptcy Code’s automatic stay, contested preference claims in bankruptcy court proceedings and replevin of assets in the absence of peaceful turnover of collateral by the debtor.