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Heyl Royster

 

Practices

CREDITORS’ RIGHTS AND BANKRUPTCY

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Heyl Royster has a long history of representing commercial lenders, financial institutions and other creditors, such as lien holders, in enforcing secured and unsecured claims. Our experience covers state and federal courts in Illinois, Missouri and Wisconsin, including federal bankruptcy court. When appropriate we also pursue alternative dispute resolution methods through mediation and arbitration.

Our experience includes representing lenders in actions against borrowers and guarantors in foreclosures. We have represented leasing agents and equipment financers in replevin actions and we have perfected and enforced mechanic's liens and other liens for clients involved in the construction industry. We also protect the healthcare services liens of providers and professionals (in the case of third-party liability). Our attorneys have been appointed by the federal court to act as receivers to investigate and monetize assets totaling in multimillions of dollars, and they have also defended clients in receivership actions.

In bankruptcy court, we have helped creditors maximize their recoveries in proceedings under Chapters 7, 11, 12 and 13. We evaluate and, when appropriate, pursue objections to plans. We also defend objections to our clients' claims in order to maximize recovery under the Code.

In preference actions, we act to limit clients' potential exposure and work to resolve their claims in a cost-effective manner. We have worked with clients in multiple industries to save them millions of dollars through our understanding of the available defenses and acting as effective advocates on their behalf. We pursue adversarial actions to avoid the discharge of debts owed to our clients and we seek relief from automatic stays to recover and/or safeguard secured property.

We have also maximized our clients' recovery and protected their collateral without resorting to litigation by crafting loan modifications, restructurings and forbearance agreements. 

Our creditor clients look to us for cost-effective representation and goal-oriented litigation plans that will maximize their recovery or limit their exposure.

Publications

  • "Seven Things Business Owners Need to Know About Bankruptcy Preferences," Interbusiness Issues (2016) - Download Article