We Get Bankruptcy.
We have experienced attorneys to guide you through a liquidation proceeding.
Creditors’ Rights in Bankruptcy Proceedings
The attorneys of Baltimore-based law firm Rosenberg Martin Greenberg represent secured lenders, landlords, purchasers of estate assets, and various other creditors in bankruptcy proceedings throughout the United States, most frequently in Maryland, Virginia, Delaware, West Virginia, the District of Columbia and Pennsylvania. RMG attorneys are licensed in state and federal courts in each of these jurisdictions.
We do not represent debtors in bankruptcy proceedings.
Work with experienced creditors’ rights attorneys in Baltimore area
A creditor-oriented attorney is a tremendous asset to the creditor potentially suffering a loss due to a bankruptcy filing. Working with an experienced firm dedicated to the singular task of protecting your rights as a legitimate creditor is critical to recovering a significant debt owed. Let a team of seasoned legal professionals assert your rights against the collateral and find legal grounds for relief.
The law firm of Rosenberg Martin Greenberg regularly litigates complicated bankruptcy disputes involving cash collateral, automatic stays, claims, preferences, exemptions, and discharge and plan confirmations. Absent proactive representation, a bankruptcy case can take on a life of its own over several years, costing the client excessive attorneys’ fees. Our team will make every effort to bring the case to an expedited resolution, consistent with the client’s goals.
Bankruptcy and Creditors’ Rights
When debtors file for bankruptcy, RMG is committed to asserting and protecting the creditor’s rights in an aggressive but cost-effective manner. The successful advocacy of creditors’ rights in bankruptcy depend largely on our attorneys using their vast experience and knowledge of the debtor’s attorney and the bankruptcy judge to bring about desired results. Other important factors include the “strength” of the underlying loan documents, the priority of the claim, statutory exemptions, and determining whether there is a basis for successfully arguing that the debt in question is not dischargeable. Other important tasks include timely filing of proofs of claim, determining whether to initiate an adversary proceeding or contested matter, and monitoring all filings and events over time. Any failure of procedure can be the first step toward not having your debt repaid because of the bankruptcy filing.
Creditors’ Rights Litigation
The Creditor Rights Department of Rosenberg Martin Greenberg has the resources to successfully assert the rights of any type of creditor or other interested party in the proceedings. We put our significant resources to work right away. Though our firm is designed to handle cases on a large scale, we treat each of our clients to a personal level of service you won’t find from other large firms.
For 30 years, RMG has served as defense counsel in creditor rights litigation as it pertains to bankruptcy. We have significant experience at every stage of litigation from the first filing to appeals.
We are happy to address every concern related to this complicated legal process including:
- Contesting use of cash collateral
- Filing motions to lift automatic stay
- Raising objections to confirmation
- Defending preference claims
- Initiating collateral dispute issues
- Advising on issues of loan modification, workouts, and debt restructuring
- Defending priority disputes
- Preparing proofs of claim
Contact us today for an evaluation of your matter.
The Latest from the Knowledge Center...
Many parties, particularly large companies operating in multiple states, include provisions in their standard contract forms specifying that the law of a particular state governs the transaction. The choice of applicable law is generally law with which the company is familiar, such as the law of the state where its headquarters is located, or law…
An uncertain political and economic environment may increase the perceived risk that lenders take when they loan funds against real estate. Identifying developing trends in commercial real estate can help a lender manage its risk and underwrite loans that are secured by properties that will hold or increase in value. The lending and banking attorneys…
On October 23, 2017, the U.S. Senate voted by a narrow margin to repeal the Consumer Finance Protection Bureau’s (CFPB) July limit on arbitration clauses in consumer financial contracts. The repeal of the rule effectively limits the institution of class action lawsuits in consumer financial disputes and allows banks and other financial institutions to elect…
When lenders face changing circumstances regarding a loan, the wise course of action is to have a trained eye review the legal and practical implications of a lender’s decision to assert a default, exercise remedies under the loan documents, or to settle the loan. The world of lending gives rise to a surfeit of documents, any…
A debtor’s bankruptcy is a threat to the lender’s interest. In some cases, the creditor’s role in a bankruptcy proceeding is simply a matter of procedure. File forms, get in line, and hope for the best. In other cases, the legal questions are far more complex. In such cases, consultation with a creditors’ rights attorney may be…
Second Circuit: Debtors Must Pay Secured Creditors Market Rate Interest to Cram Down Chapter 11 Plans
According to an October 16, 2017 article in the New York Law Journal, the judges of the United States Bankruptcy Court for the Southern District of New York “are presiding over a record high number of large mega cases.” An October 20, 2017 decision of the United States Court of Appeals for the Second Circuit,…
Public perception does not always match reality and in recent years, the banking industry has taken some hits. Creditors have the right to protect their interests but it is important to work with a legal professional who gets the business and has practical foresight. Lenders are necessary market participants that take on risk. This risk…
United States Securities and Exchange Commission v. ISC, Inc.: One Key Stroke On Space Bar Dooms Lender’s Security Interest
Every day, we read about how artificial intelligence will render our jobs obsolete in the foreseeable future. A recent decision of the United States District Court for the Western District of Wisconsin may provide a glimpse of what a world in which computers rule the world may look like. In United States Securities and Exchange…
In Chapter 13 bankruptcy, much of the legal proceedings focus on protecting the rights of the debtor. What can be overlooked is that the process also provides protections for creditors. The Maryland creditor’s rights attorneys of Rosenberg Martin Greenberg are experts in taking the fullest advantage of protections available for an individual or corporate creditor.…
Ninth Circuit Creates Circuit Split On Applicability of Sovereign Immunity To Fraudulent Conveyance Suits Against IRS By Bankruptcy Trustees
In an August 31, 2017 decision in In re DBSI, Inc., the United States Court of Appeals for the Ninth Circuit held that sovereign immunity did not shield the IRS from a suit by a bankruptcy trustee to avoid tax payments as fraudulent conveyances under state law. The Ninth Circuit disagreed with 2014 decision of…