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.

Bankruptcy Team

The Latest from the Knowledge Center...

The ABL Collision Course

July 12, 2018

Commercial lenders that originate asset-based lending (“ABL”) credit facilities are finding themselves in an increasingly competitive market. Large national banks grab the bulk of the multi-million dollar ABL credit line business. Lightly regulated non-bank ABLs serve smaller markets with loan facilities ranging from $3 million to $30 million. Community and regional banks seek to hold…

Lender Compliance with New Customer Due Diligence Rules

July 12, 2018

Lenders should have completed implementation of procedures for compliance with new regulations that become effective on May 11, 2018, informally known as the “Know Your Customer” requirements. Those regulations focus primarily on identifying the beneficial ownership of financial institution accounts. Lenders should not let those beneficial ownership regulations overshadow the new customer due diligence (CDD)…

Seventh Circuit Affirms Dismissal of Student Athletes’ Suit Seeking Federal Minimum Wage, But Concurrence Leaves Room For a Different Result in Future Cases

July 11, 2018

On December 5, 2016, the federal Seventh Circuit Court of Appeals affirmed a trial court’s dismissal of a suit brought by two former members of the University of Pennsylvania’s (“Penn”) women’s track and field team.[1]  The student athletes sued Penn, the NCAA, and more than 120 other NCAA Division I colleges and universities.  The theory…

Oh What A Difference A Day Makes: Ninth Circuit Bankruptcy Appellate Panel Holds That Check Written Before Bankruptcy Filing, But Honored After Bankruptcy Is Post-Petition Transfer

April 19, 2018

“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons.  Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent debt…made within 90 days before the date of the filing of the petition…that enables such creditor to receive…

Supreme Court Patent Case Could Affect Bankruptcy Court Authority

February 28, 2018

The bankruptcy system is facing a potential upheaval from an unlikely front: a patent dispute. The U.S. Supreme Court has heard oral arguments and is now considering the case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and its separation of powers issues could have a drastic effect on the operation of American…

Snapshot of the New Federal Bankruptcy Rules

February 28, 2018

In April 2017, the U.S. Supreme Court gave Congress a number of proposed amendments to the Federal Rules of Bankruptcy Procedure (FRBP). Congress approved those amendments, and they became effective on December 1, 2017. Some of the advantages in the new amendments go to consumers who declare bankruptcy in Federal Court. The lending and banking…

Merit Management Group, LP v. FTI Consulting, Inc.: A Unanimous Supreme Court Opinion Leaves Unanswered Questions

February 28, 2018

On February 27, 2018, the United States Supreme Court issued its opinion in Merit Management Group, LP v. FTI Consulting, Inc. to resolve conflicting Circuit Court interpretations of Bankruptcy Code Section 546(e).  Although the Merit opinion is unanimous and appears straightforward on first reading, fertile grounds for future litigation remain. Section 546(e) is commonly referred…

Live By The Choice of Law Provision, Die By The Choice of Law Provision

January 4, 2018

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…

Trends in Commercial and Residential Real Estate

January 4, 2018

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…

Senate Action Reverses CFPB Rule, Re-Opens Door to Arbitration Clauses

January 4, 2018

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…