Creditor’s Rights & Bankruptcy

The lawyers in the firm’s Creditor’s Rights & Bankruptcy Group have the expertise to represent financial institutions and other creditor clients in judicial foreclosure actions of mortgages and deeds of trust, foreclosure of security interests in personal property, bankruptcy matters, and enforcement of lien rights. They also draft important documents that will improve the odds that your business will collect its debts.

Follow the links below to learn more about the Creditor's Rights & Bankruptcy Group, and the lawyers who can handle your most complex and challenging needs.

Creditor’s Rights

The firm has the privilege of representing a number of regional banks. Through many years of representing the interests of financial institutions, the firm’s lawyers have developed an extensive expertise in collections issues of every sort. The firm’s lawyers also advise private businesses concerning their credit and collection policies. They are called upon to revise loan agreements, credit applications, guaranty forms, and standard contracts. The types of creditor issues handled by the firm include:

  • Representing a tree broker against a collection action by a tree grower who sought to collect full value for defective Christmas trees.
  • Prosecuting various judicial foreclosure actions of mortgages and deeds of trust.
  • Prosecuting nonjudicial foreclosures of deeds of trust and strict foreclosures of land sale contracts.
  • Representing secured and unsecured creditors in various bankruptcy matters.
  • Prosecuting and defending various statutory liens through foreclosure such as, construction liens, landlord liens, agricultural service liens and grain producer liens.
  • Representing a business seller to collect installment payments due from the purchaser of the business.
  • Drafting important credit documents including loan agreements, credit applications, guarantys, contracts, security agreements, loan agreements, promissory notes, mortgages and deeds of trust.

Real Property Foreclosures

As part of its relationship with lenders for more than 50 years, the firm has gained extensive experience with real property foreclosures. Lawyers in the firm commonly assist secured lenders by foreclosing security interests in real property judicially and non-judicially by advertisement and sale. In addition, they help vendors in land sale contract disputes. The firm has several experienced lawyers available to advise you on your foreclosure options and to subsequently help you obtain possession of the property through a forcible ejectment and detainer action if necessary. By applying its comprehensive expertise, the firm provides service to secured lenders from the beginning of a foreclosure to its conclusion, including addressing any attempts to delay the foreclosure process by filing bankruptcy.