Bankruptcy & Creditors’ Rights
McCandlish Holton's Bankruptcy and Creditors' Rights Team assists debtors and creditors in all phases of the commercial credit relationship.
Outside of bankruptcy, the team represents clients in such matters as financing for troubled businesses, structuring secured transactions and leases, negotiating debt restructuring, business liquidations by court-appointed receivers, and pre-bankruptcy planning.
The team is proficient in handling prejudgment attachments, post-judgment garnishments and levies, judicial and non-judicial asset liquidations, and foreclosures. They routinely represent parties in all types of commercial collection disputes including distress and unlawful detainer, suretyship and guaranty litigation, lender liability claims, and fraudulent and voluntary conveyance litigation.
Furthermore, the team represents debtors and creditors in Chapter 7 business liquidations and Chapter 11 reorganizations. They routinely handle such matters as involuntary bankruptcy litigation, debtor-in-possession financing, assumption/rejection of executory contracts and leases, vendor reclamation claims, discharge and dischargeability contests, preference and fraudulent conveyance litigation, disputes concerning the automatic stay, valuation hearings, and disputes concerning plan confirmation.
Because every debtor-creditor McCandlish Holton interaction has potential tax consequences, the Bankruptcy and Creditors' Rights Team works closely with the McCandlish Holton Tax Team to obtain the most advantageous tax treatments for our clients' positions.
The team's philosophy is to view non-bankruptcy law and the bankruptcy process not as ends in themselves but as tools to achieve our clients' economic goals.