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U.S.S. Constellation in Baltimore Harbor

Creditors’ Rights Representation

The Firm has extensive experience in representing banks, financial institutions and corporations with financial workouts and restructuring of debt in an effort to maximize the potential of collection of loans and debt obligations, while reducing the risk of financial loss and litigation. Over the years, the Firm has adopted a specific strategy which has proven successful in representing creditors in debt restructuring or workout situations. Specifically, the Firm emphasizes promoting and developing good communication between the lender and the borrower, combined with an emphasis on obtaining good financial and accounting information. The objective of developing ‘good communication’ attempts to reduce the initial adversarial nature of workouts and improve the communication by the borrower to the lender of useful information. The objective of obtaining good financial and accounting information allows for realistic decision making based on solid financial data, which maximizes the opportunity for the repayment of the borrower’s debt obligation.  To achieve these two objectives, the Firm utilizes accountants and its own financial analysis abilities to develop a financial plan to timely repay the amount owed to its creditor client. The Firm incorporates the financial plan it develops in a forbearance agreement designed to encourage the timely full repayment of the loan, while containing specific provisions designed to reduce the overall risk to the lender through a structured reduction in the lender’s loan to collateral ratio.

Although the Firm is usually hired to assist in the creditor’s attempts to workout a debt restructuring, the Firm recognizes that sometimes it is necessary to first litigate specific issues to ensure that the creditor’s rights and collateral remain protected. Therefore, the Firm assists its clients with the filing of confess judgment suits, Chapter 11 creditor representation, including, the drafting of cash collateral agreements, motions to lift the automatic stay and the review and development of proposed Chapter 11 bankruptcy plans.