Creditor’s Rights

This is the other side of the fence, so to speak, from defending collection cases.

This an area of law where experienced counsel can benefit the client in transactions involving lending money, selling goods on credit and where the client is owed money on a delinquent account — both in the drafting of clear, comprehensive enforceable legal instruments and in enforcing them in court when necessary. This involves more than just drawing up a simple promissory note. It also must involve both devising and filing or recording safeguards such as security agreements and financing statements, personal guarantees, deeds of trust, assignments and the like.

It also involves methods of realizing on such instruments such as foreclosing liens and security instruments. Many times this can be done without going to court if the proper filings or recordings have been made and/or the proper notices are sent or published.

Sometimes this means we have to file claims in bankruptcy court to protect whatever can be protected in such cases.

Our years of experience in this area equips us well to carry out these steps to a successful conclusion.