Creditors' Rights, Banking and Bankruptcy

Swanson, Martin & Bell, LLP has extensive experience representing businesses planning for and confronting financial challenges. The firm counsels secured lenders, landlords, equipment lessors, suppliers, creditors' committees, taxing bodies, and other creditors facing tremendous risks in financially distressed situations.

The firm’s expertise in enforcing creditors’ rights and in-debt consultation affords our clients comprehensive representation in both judicial and out-of-court debt restructurings, on both a regional and national basis. Such representation includes:

• Enforcement of Creditors’ Rights: Preserving and enforcing creditors’ rights through state and federal court litigation, including assisting creditors in discovering assets, collecting judgments, and enforcing lien rights.
• Foreclosures/Evictions: Representing lenders and landlords in cases involving defaults by property owners and tenants.
• Asset Acquisitions/Recoveries/Dispositions: Assisting buyers and sellers with sales transactions involving the assets of distressed companies and the recovery of creditors’ collateral.
• Assignments for the Benefit of Creditors: Representing parties in assignments under applicable state law.
• Financial Consultation: Advising businesses and individuals on financial crises and strategic planning.
• Expert Consultation: Serving as expert witnesses in bankruptcy-related negligence cases and as trial consultants in bankruptcy court litigation.
• Representation in Bankruptcy Courts: Representation of secured lenders, debtors, unsecured creditors’ committees, landlords, equipment lessors, taxing bodies, and other creditor interests in reorganization cases under Chapter 11 of the United States Bankruptcy Code, as well as in cases under Chapters 7 and 13.
• Bankruptcy Court Litigation: Prosecuting and defending actions involving fraudulent transfers, preferential transfers, claim objections, rights of secured creditors, and Ponzi scheme issues.
• Appellate Practice: Representation of parties in appeals from orders entered by state, federal, and bankruptcy courts.
• Secured Credit Facilities: Advising financial institutions in negotiating and documenting secured credit arrangements and enforcing all rights and remedies thereunder.

Swanson, Martin & Bell, LLP has assisted clients in over 1,000 collection, banking, and bankruptcy matters in over 40 states throughout the United States in the past few years, including many of the larger Chapter 11 cases filed during that period, such as 99 Cents Stores, American Apparel, American Tire, Armstrong Flooring, AutoPlus, Bed Bath & Beyond, Borden Dairy, Briggs & Stratton, Charlotte Russe, Christmas Tree Shops, Dean Foods, Forever 21, Gymboree, hhgregg, JC Penney, Joann Fabric, Kmart, Mattress Firm, Party City, Rite Aid, Stein Mart, Sur La Table, Toys “R” Us, True Value, and Tuesday Morning.

Creditors' Rights, Banking, and Bankruptcy Practice Group Leadership:

Attorney Keegan J. Madden (Acting Chair)
Attorney James S. Harkness (Acting Chair)
Attorney Douglas C. Giese (Immediate Co-Chair)
Attorney Charles S. Stahl, Jr. (Founding Member)
Attorney Joseph P. Kincaid (Founding Member)

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