Common Creditors’ Rights Services
Loan Workouts & Foreclosure
KJK’s significant experience with commercial workouts includes real-estate financing, C&I financing and equipment leasing. KJK routinely prosecutes and defends actions when transactional workouts cannot be achieved. Enforcement actions include replevins, foreclosures, motions for relief from the bankruptcy stay, adversary proceedings, fraudulent transfers and other claims. We also negotiate and draft documents to implement forbearance or restructuring and efficiently prepare documentation for a swift resolution.
We assist clients with commercial collection of all types of debt to keep their balance sheet healthy, including actions on account, commercial lease enforcement and other breaches of contract. To enforce the judgments we obtain, we are skilled at discovering concealed assets through debtor’s examinations, subpoenas of financial records, creditor’s bill actions and other post-judgment efforts.
KJK’s attorneys are experienced representatives of court-appointed receivers of a wide range of distressed businesses and commercial real estate. We have represented receivers over “big box” shopping centers, residential apartment complexes, hotels, restaurants, retail businesses, FedEx delivery routes, manufacturing companies and sporting event centers.
Fraudulent Transfers & Preferences
KJK’s attorneys are well-versed in prosecuting and defending claims that assets were fraudulently transferred, subject to preference liability and other clawback actions. Among other clients, our experience includes representing a Chapter 7 Trustee in the management and litigation of more than 100 adversary proceedings related to a Ponzi scheme, which resulted in a multi-million dollar recovery for the estate.
Distressed Asset Sales & Purchases
KJK represents receivers, trustees, secured lenders or other commercial entities, in the acquisition and divestiture of distressed assets. KJK’s experience includes representing buyers and sellers of distressed assets out of bankruptcy and receiverships. We advise on and structure § 363 sales in bankruptcy, commercial auctions, stalking horse bidding and private sales out of receiverships under revised code section 2735.
Bankruptcy litigation moves at a lightning-fast pace, requiring lawyers to respond quickly to best protect their clients’ interests. During the first days of a Chapter Eleven corporate bankruptcy case, the court addresses and often enters binding orders concerning major issues including financing and use of cash collateral, employee retention and compensation, assumption and rejection of leases and other contracts, and payment of priority creditors and critical vendors. Within weeks, an official committee of unsecured creditors may be formed. Accordingly, it is essential that bankruptcy trial lawyers possess a comprehensive understanding of both the substance and procedure of bankruptcy law and practice.
WHO WE SERVE
- Bankruptcy Trustees
- Creditor’s Committees
- Construction Equipment
- Lessors and Lessees
- Financial Institutions
- Non-Traditional Lenders
- Purchasers of Distressed Assets
- Secured Creditors
- Serviced Lenders
- Unsecured Creditors
recovered for energy generation supplier
Financial institutions represented
loans in receiverships
- Representing companies, creditors and interested parties in negotiations, business restructuring, reorganizations and workouts
- Representing buyers, sellers, commercial landlords and other interested parties in real estate related restructuring matters
- Representing banks and other commercial lenders in collecting and realizing value from distressed loans and credit situations
- Representing mezzanine funds, private equity investors and other financial sponsors with respect to distressed portfolio investments and investment in or acquisition of distressed assets
- Representing acquirers and sellers of distressed government contracts
- Representing debtors and creditors in commercial and residential construction and development reorganizations
- Representing acquirers and sellers of distressed investments
- Representing trustees, receivers and other fiduciaries
- UCC sales and deeds in lieu of foreclosure
- Representing creditors (i.e., vendors, landlords, trade) and creditors’ committees
- Representing debtors, landlords and property owners in contested matters relating to the assumption and assignment of leases, as well as in lease-related claims dispute matters
- Representing debtors, creditors, lenders and other parties-in-interest in litigation relating to cash collateral, lien and claim priority, DIP financing and other bankruptcy finance-related matters
- Representing debtors, creditors and other parties-in-interest in adversary proceedings relating to executory contracts and general business disputes
- Representing defendants, debtors, liquidating trustees and creditors’ committees in preference, fraudulent conveyance and other avoidance actions
- Representing acquirers and sellers of assets in contested matters relating to distressed asset transactions
- Representing borrowers and loan workouts
John P. Archer
Scott A. Norcross
Paige M. Rabatin