Bankruptcy / Creditor’s Rights

Bankruptcy and creditor’s rights litigation often involves secured and unsecured creditors, debtors, committees and/or trustees contesting the operations of the debtor and the legitimacy and priority of claims in relation to each other.

Meissner Tierney has advocated for and protected the rights of plaintiffs and defendants in adversary proceedings, chapter 11 reorganizations, chapter 7 and chapter 13 cases, creditor disputes, foreclosures and receiverships.  We routinely represent clients in actions involving liens, forced sales, garnishments and fraudulent transfers.

Beyond our representation in matters directly involving the U.S. Bankruptcy Code, we recognize that bankruptcy is a potential outcome in any business dispute.  Accordingly, our litigators work closely with clients to identify and minimize the adverse effects of a bankruptcy in litigation.  Our goal is always to prevent a hollow victory.

Chapter 11 Reorganizations

Our attorneys are experienced with proceedings under Chapter 11 of the Bankruptcy Code, including assisting businesses in renegotiating their bank and vendor debts, resolving their bankruptcy issues or pursuing payment from companies that have already filed for Chapter 11 bankruptcy.  We have represented nearly all potential parties in business work-out or business bankruptcy settings, including debtors, creditors, committees, trustees, receivers and buyers.  In addition, we handle individual Chapter 11 bankruptcies where the debt is primarily business rather than consumer.

Chapter 7 and 13 Representation

Our attorneys are experienced with representing creditors in consumer bankruptcy cases.  We provide prompt, efficient representation of our clients while striving to maximize the amount they recover.

Creditor Representation

Our attorneys are experienced with creditor representation in both commercial and consumer bankruptcy cases.  We represent banks, finance companies and other commercial lenders as well as general business creditors in cases filed under Chapters 7, 11, 12 and 13 of the United States Bankruptcy Code.  Our firm has experience helping creditors, especially those unfamiliar with the Bankruptcy process, negotiate the various legal requirements and maximize the recovery on their claim.

Debtor in Possession Financing

Our attorneys are experienced with representing debtors, secured lenders and creditors’ committees in DIP financing transactions involving companies from a broad range of industries.

Foreclosures

Our attorneys are experienced with liquidating apartment, office and industrial complexes; entire development projects; raw land; and residential properties ranging from small condo/co-op units to estates selling for several million dollars.  Our attorneys have the experience to handle both the transactional and litigation aspects of foreclosures to ensure that our clients’ interests are protected.

Receiverships

Our attorneys are experienced with representing owners, claimants, and receivers and have counseled businesses and business owners regarding the appointment of a receiver.  We have advised lenders in connection with the appointment of a receiver regarding the protection of their collateral.  We have also represented receivers appointed during the pendency of such disputes.  Our experience includes all types of receivership proceedings, including: foreclosure on or liquidation of real property, personal property, and intangible property such as accounts receivable and intellectual property, control disputes between business owners, and operating receiverships of businesses designed to realize highest value for creditors through sale of the business as a going concern.

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