Barclay Damon
Barclay Damon

Bankruptcy & Creditors’ Rights

Our lawyers represent local, regional, national and international clients in simple and complex problems that are encountered in the course of bankruptcy and the enforcement of creditors’ rights. Our clients come from all sectors, and include individual and commercial debtors, trade creditors, banks, non-bank lenders, finance lessors, loan servicers, municipalities, utilities, developers, manufacturers, distributors, retailers, and service providers.

We provide representation in such matters as loan workouts, debt restructuring, asset recovery, and enforcement of judgments. A successful workout can help avoid the consequences of bankruptcy and provide the distressed person or entity an opportunity to survive a period of financial turmoil. However, when non-judicial remedies are not effective, clients depend on us to vindicate their rights through litigation or bankruptcy. We regularly appear in state and federal courts to obtain and enforce money judgments, recover personal property collateral, foreclose residential and commercial mortgages, and prosecute and defend fraudulent conveyance actions.

When bankruptcy is the best or only recourse, we represent creditors and debtors in all aspect of practice under the United States Bankruptcy Code. Our experienced team can assist creditors seeking to maximize recoveries on collateral, enforce reclamation rights, file proofs of claim, obtain relief from the automatic stay, litigate adversary proceedings (preferences and fraudulent transfers), object to confirmation, handle valuation disputes and exercise other remedies, including appeals. We represent post-petition lenders and parties interested in purchasing assets from bankruptcy estates. Our work includes representation of bankruptcy trustees and committees seeking to recover assets for the benefit of creditors. We regularly counsel individual and troubled business debtors seeking to liquidate their assets under Chapter 7, reorganize their business under Chapter 11, or restructure their debts under Chapter 13. This includes the preparation and negotiation of reorganization plans, asset purchase agreements, refinancing transactions, and the assumption or rejection of unexpired leases and executory contracts. Our team regularly appears in bankruptcy court and is equipped with the necessary skills to prosecute or defend adversary proceedings and contested matters.

Our bankruptcy and commercial litigators have received numerous professional recognitions and awards, and are well recognized and decorated professionally. While our first approach is to reach a negotiated resolution, when such a resolution cannot be achieved, we will litigate the matter. Our approach is to provide clients a cost-effective solution by leveraging resources available in the firm and maximizing the firm’s multiple office platform ensuring local representation in any court within the firm’s geographical footprint. We have a deep bench, and as needed, our team draws on lawyers in the firm’s related practice areas for expertise in business services, real estate, environmental law, trusts and estates, intellectual property, and other areas. Our lawyers are active members of local and national bar associations and trade organizations, and are also active in many community activities.