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Creditors’ Rights

Among the Firm’s specialties is the representation of creditors and the enforcement of their rights. In the bankruptcy arena, it is important to closely monitor the proceedings to ensure that any plan or order of the court does not adversely affect the rights of our creditor clients. If a creditor’s rights are implicated by a provision in a plan or motion, the creditor must make the appropriate and timely objection. Our lawyers are well versed in bankruptcy law and procedure; we have a great deal of expertise in dealing with bankruptcy issues of all kinds; and we are familiar, and work effectively, with the judges and trustees to provide our creditor clients with first class representation in bankruptcy courts across the country.

Bast Amron also has considerable experience in representing creditors in state and federal courts in matters such as enforcement of contracts, foreclosure of commercial mortgages and collection of judgments. This expertise includes pre-judgment as well as post-judgment remedies, including garnishment, attachment, preliminary injunctions and execution of judgments. Our lawyers are also skilled at unwinding fraudulent transfers and conducting investigations to locate and recover hidden assets.

Representative Cases:

  • Secured creditor in Fontainebleau Las Vegas Holdings, LLC Chapter 11 case
  • Several Latin American financial institutions in Chapter 11 of Refco Inc.
  • Local exchange carriers and other telecommunications providers in Worldcom, Global Crossing, Viatel, Star Telecommunications and other national bankruptcies
  • Pre-petition and post-petition lender in Chapter 11 of international injection molding manufacturer with seven facilities in four countries
  • Numerous preference defendants in Tousa Homes Chapter 11 case
  • Secured lenders in the following sales
    • Banca del Gottardo in the $148 million sale of the Roney Plaza in the Chapter 11 of Roney Associates
    • Comerica Bank in series of sales of operating plastics manufacturers in Chapter 11 of Security Plastics
    • Bay View Bank in sale of 15 Church’s fried chicken franchises in Chapter 11 of The Restaurant Group
  • Lienholders in Chapter 11 bankruptcy of Levitt Homes, a large national home builder
  • Bentley Bay Condominium Association in the Chapter 11 bankruptcy of developer, Florida Development Associates, Ltd.
  • Pre-petition and post-petition lender with over $100 million facility in Chapter 11 of large hotel and condominium property in Miami Beach
  • Secured creditors in Chapter 11 bankruptcy of TOUSA, a large national home builder