Creditors' Rights

  • Schenck Price’s Creditors’ Rights Practice Group is dedicated to working with its clients to achieve their business objectives. Drawing from the Firm’s corporate, commercial litigation, regulatory, tax, real estate and intellectual property practice groups, Schenck Price time and again delivers the tailored and personalized solutions required to protect the Firm’s clients in the face of the ever-evolving complexities of the business world.

    Our Group’s attorneys counsel clients on how to structure their transactions, whether lending facilities or investments, in a way that protects their right of recovery under situations where the borrower or other entity is distressed or where it enters bankruptcy. Schenck Price attorneys have the decades of experience necessary to negotiate and implement the protections required by its clients, whether by notes, guarantees or mortgages, before extending credit to a business counterpart.

    When litigation becomes necessary to further our clients’ objectives, whether protecting clients’ rights in an assignment for the benefit of creditors, workout litigation or bankruptcy, Schenck Price’s litigators can help your business as they have helped other clients throughout our 100+ year history. The Firm’s stable of Certified Civil Trial Attorneys, with vast experience litigating commercial matters before judges, juries and arbitrators, have the expertise and reputation necessary to assist you in negotiating favorable terms for the repayment of a distressed debt and to determine whether litigation is a sensible further investment of your resources. That experience and reputation is grounded in having handled hundreds of matters for secured and unsecured lenders in state and federal courts involving the Uniform Commercial Code, the Uniform Fraudulent Transfer Act, lien priorities, security interests, state receivership law, foreclosure and bankruptcy. 

    The Firm’s trademark is to pursue its clients’ rights aggressively and seek a recovery from all available entities, whether that involves piercing a corporate veil or searching for and attaching collateral in multiple jurisdictions.

    Given the Firm's extensive experience protecting its creditor clients, our Group also have the expertise and knowledge to protect clients who are faced with having to defend against creditors.