Bankruptcy and Debtor/Creditor Law
Our attorneys have been involved in all aspects of bankruptcy cases, including pre-bankruptcy negotiations, investigation and litigation of preferences, fraudulent transfers, class actions, and other potential estate causes of actions. Our bankruptcy practice focuses primarily on defending creditors’ rights in bankruptcy and preserving their rights, claims and interests within the framework of bankruptcy. We represent a wide range of creditors, including financial institutions, individuals, and corporate entities. Examples of some of the services we routinely provide for our clients include:
- Filing of proofs of claim to ensure that the client shares in the debtor’s bankruptcy "estate"
- Filing of motions for relief from stay to remove collateral from the bankruptcy court’s "automatic stay" when debtors are not paying for their collateral
- Filing objections to plans of reorganizations when debtors do not properly provide for our client’s debt in their plan
- Defending preference suits brought by the trustee when the trustee is seeking repayment of monies that the debtor paid our client leading up to the bankruptcy
- Filing administrative 503(b)(9) claims for goods shipped within 20 days before the bankruptcy
- Handling commercial transactions within a bankruptcy case such as "363 sales,"
- Drafting asset sale or purchase agreements
- Representing clients in adversary proceedings brought within the bankruptcy case.
Our attorneys have also represented clients in a full range of bankruptcy issues such as private reorganizations, valuations of collateral or property, disposition of property through public sale, auctions, negotiated sales, liquidations, reorganizations of banks and savings and loans, complex reorganizations, alternatives to bankruptcy such as debt consolidation, composition, and receiverships.
In November of 2011, our firm was ranked in the top tier by U.S. News & World Report for our bankruptcy and creditor rights practice. Attorneys at our firm include a former bankruptcy referee that became one of Arkansas' first two bankruptcy judges and who is consistently ranked by Best Lawyers in America® in the area of bankruptcy and creditor rights. Other attorneys that work in our bankruptcy practice area have been recognized in Mid-South Super Lawyers. While we primarily practice in Arkansas, we are members of the State Capital Group and Lex Mundi (leading associations of independent law firms) and will associate counsel in other states when needed.
Our attorneys also handle a variety of litigation matters that arise in bankruptcy proceedings or in state or federal courts involving debtor/creditor relations or lender liability issues under Arkansas' constitutional usury provisions. When needed, our bankruptcy and creditors' rights attorneys work closely with members of the firm's other practice areas, such as Commercial Lending and Borrowing, Litigation, Environmental Law, Taxation, and Real Estate.
In addition to handling creditors rights in bankruptcy we represent our clients outside of bankruptcy through traditional methods such as demand letters, foreclosure lawsuits, actions for replevin (return of property rightfully belonging to another), rescission under Article II of the Uniform Commercial Code (sales of goods), petitions for receivership, consensual workouts, perfection of collateral, guarantor questions and issues, litigation, and collection of judgments.
Whatever your need is in the bankruptcy and debtor/creditor law area, we have experience dealing with the array of issues and problems that arise. We can help you make and implement your strategic decisions.
