When faced with a customer, supplier or borrower in financial distress, a creditor’s ability to protect its interests and enforce its rights quickly and aggressively may make the difference between payment in full and a sizable loss.
Bryan Cave attorneys have experience in all aspects of enforcement of creditors’ rights and remedies under state law in jurisdictions across the country, including receiverships, real-property foreclosures, pre-judgment attachment and replevin actions, reclamation and related remedies and foreclosure of security interests in personal property under Article 9 of the Uniform Commercial Code. Our attorneys not only counsel clients on their legal options, but also have the necessary experience to provide a realistic assessment of the relative risks, costs and likelihood of success of each option based upon the facts of the case and the client’s business objectives.
Select Engagements
- Represented Bank of New York Trust Company, N.A. as indenture trustee in connection with the receivership and judicial foreclosure of a nursing home in Chicago;
- Represented mortgage lender BRT Realty Trust in connection with the foreclosure of a large apartment complex in Fort Wayne, Indiana and related litigation;
- Represented Bank of New York Trust Company, N.A. as indenture trustee in connection with the receivership and judicial foreclosure of a hotel in Peoria, Illinois;
- Represented secured creditor General Electric Capital Corporation in connection with the receivership of textile manufacturer Spartan International, Inc. in Spartanburg, South Carolina and its subsequent Chapter 7 case;
- Represented construction lender First Banks, Inc. in connection with the receivership and foreclosure of a real-estate development in New York;