Creditor Representation in Bankruptcy Proceedings

The ability to pursue a debtor seeking refuge in Bankruptcy Court distinguishes the Rose Law Group from many other law firms who are stopped in their tracks when a bankruptcy filing occurs. Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in creditor representation in bankruptcy proceedings. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.

The firm has extensive hands on experience in representing any type of creditor or co-investor who has been confronted by a bankruptcy filing of any kind. The industries served by attorneys of the firm have including creditors in banking, commercial finance, equipment leasing, agriculture, governmental entities, the energy industry, healthcare, real estate and retailing.

The firm has extensive experience in representing parties who want to purchase assets out of bankruptcy cases or parties who want to participate in higher yield court approved post-petition commercial financing in debtor in possession chapter 11 cases.

For commercial landlords, the Rose Law Group has extensive experience in enforcing the payment of post-petition administrative rent on a post-petition basis in chapter 11 cases, motions to lift stay and to compel insurance coverage, compelling the acceptance or rejection of executory lease contracts and requiring adequate assurance of the ability to perform in the event of lease assumption, protecting the interests of lessors as to use restrictions and credit issues when debtors are proposing to sell or assign their leaseholds and other related services.

For secured real estate lenders and equipment financiers, the firm is well versed in the filing of motions to lift stay and for adequate protection to keep the post-filing flow of payments up and to protect from economic depreciation. Similarly, the firm is well versed in combatting reorganization plans that are intended to adversely and unfairly impact upon the rights of secured creditors by way of opposition to the confirmation of such plans and, where applicable, the strategic use of Section 1111 elections. The firm is also experienced in protecting the Section 363 credit bidding rights of secured creditors in the context of bankruptcy sales and plans of reorganization.

For equipment lessors, the firm is well versed in filing for motions to lift stay and for adequate protection, defending against adversary proceedings seeking to recharacterize leases as secured financing transactions and keeping lessors from having their rights compromised by compelling the acceptance or rejection of the equipment leases or, alternatively, negotiating revised lease terms satisfactory to the lessor.

For suppliers of product and inventory to debtors, the firm can assert reclamation claims and claims under the Perishable Agricultural Commodities Act (PACA).

For both secured and unsecured creditors, the firm can prepare, file and litigate proofs of claims and objections thereto, ballots accepting or rejecting various types of bankruptcy plans and handle objections to various motions and/or applications which are contrary to the best interests of the firm’s creditor clients.

The firm has the expertise and capability to both prosecute and defend litigation in Bankruptcy Court, remove pending state court and federal proceedings to Bankruptcy Court, seek the remand of removed litigation from Bankruptcy Court and to seek mandatory or permissive abstention.

The firm can prosecute adversary proceedings seeking to except particular creditors’ claims from discharge by individual debtors or, in the event of certain types of general debtor bad acting in derogation of creditors and the bankruptcy process, to deny individual debtors any discharge in bankruptcy whatsoever.

Because of the broad range of issues which can affect creditors in bankruptcy, there are many other services that the firm can provided to aggressively protect and enforce creditor rights which are beyond the scope of this short summary. You are invited to contact our team to see how the Rose Law Group can serve your bankruptcy related needs.

The firm is experienced in dealing with a wide range of tangible and intangible collateral security. Lawyers of the firm have been involved in sizable UCC sales such as the sale of 100% of the capital stock of a 71 store grocery chain and numerous UCC sales of memberships and partnerships in real property entities.

When the enforcement of secured creditor rights are triggered, it is not uncommon for a debtor to file a chapter 11 reorganization in response. The firm is well versed in all aspects of secured creditor representation in chapter 11 reorganizations and other types of bankruptcy proceedings.

When a bankruptcy filing is undertaken by the debtor, the firm can provide a complete suite of bankruptcy related services to its secured creditor clients including motions to lift the automatic stay, the filing of proofs of claims, adequate protection and insurance motions, objections to the use of cash collateral and motions to prohibit the use of cash collateral and  plan confirmation disputes..

Attorneys in the firm have experience in negotiating the consensual liquidation of  collateral security to accelerate secured creditor recoveries.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in UCC secured creditor enforcement and litigation claims. 

Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.

Lease assignments which impact adversely upon use restrictions and  issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.

Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are  seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages  based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.

Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.

On Our Team

In The News

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Potential stimulus bill could allow companies in bankruptcy to pursue PPP loans… says Rose Law Group attorney Dan Gauthier

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