Bankruptcy and Creditors' Rights

With comprehensive experience and industry-specific knowledge, we help our creditor clients enforce their rights and optimize value. In bankruptcy, we file claims, prosecute reclamation claims, defend against preference and fraudulent conveyance actions, evaluate reorganization plans, and guide our clients through creditor committee formation, and the entire reorganization/liquidation process. As in all areas involving creditors’ rights and lender liability cases, we stress the advantages of building consensus to help control the outcome and reduce cost.

Lenders, property owners, and other stakeholders rely on Chartwell Law to document transfers and secured transactions, collect balances owed on defaulted loans, and seek liquidation alternatives such as forbearance agreements or assignments for benefit of creditors, all while providing efficient representation from start-to-finish.

We focus on commercial loan documentation, distressed loan workouts, asset recovery, foreclosure, liquidation, and more. We handle loans secured by real estate and personal property, whether structured as simple mortgage loans, complex asset-based transactions, or financing leases.

Chartwell’s experience extends to a broad range of foreclosure, tax, title, lien priority, environmental, and Uniform Commercial Code-related issues.  For loans guaranteed by the U.S. Small Business Administration we are familiar with the SBA’s Standard Operating Procedures, and are sensitive to the need for detailed litigation plans and budgets, and the potential for any repair issues.

In collaboration with our professional liability, product liability, and real estate colleagues, we routinely defend lender liability claims under the Real Estate Settlement Procedures Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, and related consumer protection statutes.