216.696.8700

Practice Group

Creditors’ Rights

KJK’s creditors’ rights attorneys assist a variety of clients on all aspects of insolvency-related matters, including extensive experience in bankruptcy cases, clawback actions, state court receiverships, secured lender workouts and out-of-court restructuring. We protect your secured collateral position by ensuring all actions are commercially reasonable in liquidation and foreclosure proceedings. KJK is also diligent in pursuit of commercial collection, maximizing value to unsecured creditors.

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 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.

Commercial Collection

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.

Receiverships

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, 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

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 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.

 

Creditors’ Rights

WHO WE SERVE

  • Bankruptcy Trustees
  • Businesses
  • Creditor’s Committees
  • Construction Equipment
  • Lessors and Lessees
  • Financial Institutions
  • Individuals
  • Non-Traditional Lenders
  • Purchasers of Distressed
  • Assets

 

  • Receivers
  • Secured Creditors
  • Serviced Lenders
  • Unsecured Creditors

 

recovered for energy generation supplier

Financial institutions represented

loans in receiverships

Creditors’ Rights

Representative Experience

  • 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

Creditors’ Rights

ATTORNEYS

John Archer

John P. Archer

CHAIR

Scott Norcross

Scott A. Norcross

PARTNER

Paige Rabatin

Paige M. Rabatin

ASSOCIATE

John Archer

John P. Archer

Partner

Scott Norcross

Scott A. Norcross

Partner

Paige Rabatin

Paige M. Rabatin

Associate

Contact

CLEVELAND OFFICE

1375 East Ninth Street

One Cleveland Center, 29th Floor

Cleveland, OH 44114-1793

216-696-8700

 

 

COLUMBUS OFFICE

10 West Broad Street

One Columbus Center, Suite 1900

Columbus, OH 43215

614-427-5731

 

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