Creditors’ Rights

Our Creditors’ Rights practice group works closely with the Commercial and Real Estate Finance practice group to resolve distressed loan transactions on behalf of lenders and financial institutions and, when necessary, pursue a wide variety of judicial and non-judicial enforcement remedies on behalf of lending clients. EPGR Lawyers has deep and broad experience in the following areas:

    • Judicial and non-judicial foreclosures of real and personal property.
    • Securing the appointment of state court receivers and administering state court receiverships.
    • Enforcement of guaranties of payment and completion guarantees.
    • The defense of preference and fraudulent transfer avoidance actions.
    • The defense of complex federal and state court litigation and appeals relating to loan enforcement, commercial finance law, and lender liability claims.
    • Counseling with respect to California one-action, security-first rules, and anti-deficiency statutes.
    • Advice and guidance with respect to enforcement of personal property liens and collateral, including Articles 8 and 9 of the UCC.
    • Major workouts and bankruptcy reorganizations including income-producing properties such as hotels, commercial or industrial centers, office buildings, apartment complexes, technology, and agribusiness.
    • The protection of our lending clients’ interests in Federal bankruptcy proceedings, including protecting cash collateral and obtaining relief from stay.