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Banking & Finance
Banking & Finance

Creditors’ Remedies, Bankruptcy & Work-Out

When good loans go bad, Winthrop attorneys are versed in the procedures and tactics available to help maximize the lender’s recovery.

Our Approach

We represent banks, loan servicers and other secured lenders with problem loans which are in work-out, forbearance, foreclosure, litigation, receivership and bankruptcy.  We assist our lending clients with the full spectrum of matters which can arise with distressed credits, including:

  • Work-outs, forbearance agreements and loan modifications
  • Lockbox and collateral account agreements
  • Deeds-in-lieu of foreclosure
  • Voluntary surrender agreements
  • Voluntary foreclosure agreements
  • Liquidation agreements
  • Confessions of judgment and stipulated judgments
  • Real-estate foreclosure
  • Real-estate receiverships
  • Replevin/claim and delivery
  • Article 9 foreclosures and other remedies
  • Setoff and Article 9-607 notifications
  • C&I receiverships
  • Lien priority analysis and priority disputes
  • Lender liability defense
  • Cash-collateral stipulations
  • DIP lending
  • Cash-collateral hearings
  • Adequate protection stipulations
  • Lift-stay hearings
  • Valuation hearings
  • 363 sale hearings
  • Proofs of claim and claim objections
  • Disclosure statement objections
  • Plan objections and confirmation hearings
  • Preference actions
  • Fraudulent transfer actions
  • Lien avoidance
  • Post-judgment discovery and collection
  • Participation issues and disputes

In addition to representing secured lenders, we also represent other parties needing legal representation in the areas of bankruptcy, receivership and insolvency, including representation in the following areas:

  • Note and loan purchasers
  • Stalking horse bidders and other bidders in 363 bankruptcy sales
  • Purchasers of businesses or assets at foreclosure or receivership sales
  • Receivers
  • Landlords
  • Tenants
  • Parties to executory contracts
  • Equipment lessors
  • Trade creditors
  • Parties in bankruptcy litigation, including claim objections and preference and fraudulent transfer litigation

Bold Perspectives


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Turnaround Management Association, July/August 2022