Bankruptcy, Commercial Loan Workout & Foreclosure

Bankruptcy

Lemery Greisler’s attorneys have broad experience in bankruptcy matters. The Firm regularly represents secured creditors in Chapter 11 reorganization cases and represents committees of unsecured creditors, trustees, and other parties in the reorganization process. We have had the opportunity to serve as debtor counsel in reorganization cases as well. We often represent corporations and others sued by trustees seeking to recover preferential transfers, and we prosecute involuntary bankruptcy cases in appropriate circumstances.

With our own Paul Levine serving as a member of the Chapter 7 Panel of Trustees in the Northern District of New York for more than a decade, as well as a Chapter 11 Operating Trustee, the Firm brings a unique perspective to representation of creditors and other interested parties in the bankruptcy arena. This broad-based experience enables us to examine problems and strategies from all sides of the bankruptcy process, greatly enhancing our ability to resolve bankruptcy-related matters effectively and efficiently.

Over the years, we have had much success in bankruptcy matters, and typical representations include protecting the interests of financial institutions with secured claims by immediately protecting interests in cash collateral, obtaining adequate protection and stay relief, and negotiating and securing debtor in possession financing. The Firm also successfully represents bankruptcy trustees and other parties pursuing or defending preference claims, fraudulent conveyances, and lien avoidance actions.

Commercial Loan Workout & Foreclosure

Lemery Greisler regularly represents institutional and other lenders in the workout of troubled commercial loans. This practice includes reviewing collateral files to identify and correct weaknesses in loan documents and collateral packages, working with lenders to negotiate terms with borrowers and guarantors, and documenting forbearance and modification agreements. The Firm also works with lenders in liquidating collateral through private or auction sale, deeds in lieu of foreclosure, and other nonlitigated measures. When necessary, we take aggressive court action to protect the lender’s rights in collateral. Examples of such action include restraining unauthorized disposition and obtaining possession of collateral, and enforcement of guarantees and foreclosure of primary and collateral mortgages including the use of state court receivers. Other tools the Firm uses to expedite liquidation of the lender’s interest in collateral include sale and assignment of loans, assignment of foreclosure bids, and Bankruptcy Code Section 363 sales. In addition, we are pleased to assist lenders with regard to their rights and obligations under participation and intercreditor agreements and, as the case may be, as subordinate lien holders.