Our creditors’ rights and bankruptcy team represents businesses and creditors to ensure the maximum protection for our clients’ assets and rights. We regularly counsel businesses in a variety of industries in the collection and recovery of assets, including:

  • Agricultural
  • Commercial
  • Financial
  • Hospitals
  • Manufacturing
  • Nursing homes
  • Real estate

Our clients are guided every step of the way, from pre-litigation demand letters, litigating collection or breach of contract lawsuits, conducting post-judgment discovery to find assets and obtaining recovery on claims through garnishments and a variety of other methods. In state and federal courts, our team routinely advises on and seeks recourse for clients through a variety of state and federal laws, including fraudulent conveyance and transfer laws, the Uniform Commercial Code and title and lien recording statutes.

For secured transactions, our attorneys preserve the assets and rights of our clients through a variety of methods including:

  • Enforcement and collection of judgments
  • Filing litigation to recover collateral or secured property
  • Foreclosure
  • Guarantor liability issues
  • Negotiating promissory notes or other substitute agreements as security for payment
  • Obtaining injunctions and protective orders to protect property
  • Using receiverships to manage and protect property
  • Using replevin or other methods to quickly obtain secured property

If the dispute arises in bankruptcy court, our knowledgeable and experienced attorneys are ready to protect our clients’ rights through every aspect of the bankruptcy process, including the following:

  • Defense of avoidance or preference litigation
  • Discharge/dischargability objections
  • Filing proofs of claim
  • Fraudulent transfer actions
  • Litigating contested matters and adversary proceedings
  • Negotiation of post-petition financing agreements and plans of reorganization
  • Sales of assets through 363 sales and plans

Whether the issues are in bankruptcy or creditors’ rights, in state, federal or bankruptcy courts, we have experienced lawyers that can assist you.

Let us contact you.

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Of Counsel

Mary-Tipton Thalheimer

mthalheimer@roselawfirm.com 501.377.0450 Meet Attorney