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
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