Secured Parties

When bankruptcy is unavoidable, it is imperative senior lenders, financiers and other secured creditors maximize their position and receive the priority standing they deserve. Our team frequently works with commercial lenders and financial institutions in bankruptcy cases to protect their interests as secured creditors once a debtor has filed for bankruptcy protection. As importantly, our attorneys will work on your behalf to reach an out-of-court resolution with a distressed party, if that path would maximize your recovery. Our extensive experience with these alternatives include forebearances, friendly foreclosures, and assignments for the benefit of creditors.

HMB represents financial institutions in connection with financing chapter 11 debtors through debtor- in-possession financing and cash collateral orders, negotiating use of creditors’ assets by a company in bankruptcy, or by prohibiting such use and recovering possession of the creditors’ property or collateral. We work with debtor’s counsel to negotiate cash collateral stipulations and adequate protection payments and to resolve plan-confirmation objections. More often, our lawyers work with debtors to negotiate a sale of the debtor’s assets and business to more efficiently maximize and distribute proceeds.

Representing secured creditors usually requires negotiation with the debtor, but litigation can be necessary to protect your lien position. As experienced litigators with an in-depth knowledge of the Bankruptcy Code and Uniform Commercial Code, we frequently litigate motions for relief from stay to recover collateral, lien priority disputes and claim objections.