Creditors’ Rights

Dedicated to serving the needs of creditors and business, the attorneys in our Creditors’ Rights Division offer a full spectrum of creditor and business related legal services, both from the plaintiff’s and defendant’s perspective, in commercial and general civil litigation, complex creditor oriented services, commercial bankruptcy matters and corporate work outs.

The firm has always engaged in a substantial bankruptcy practice. Much of our work involves counseling distressed businesses (including those involved in corporate reorganization under Chapter 11 of the Bankruptcy Code) or representing creditors, trustees and debtors in bankruptcy and other court proceedings throughout the country, principally in the Southeastern United States. Additionally, our practitioners regularly advise clients concerning the potential impact of bankruptcy law on day to day business transactions.

The attorneys in our bankruptcy practice area represent secured and unsecured creditors (including banks, investment bankers, insurance companies and other financial institutions), purchasers of assets out of distressed situations, official and unofficial creditor committees, debtors and Chapter 11 trustees. The firm’s attorneys have extensive experience in all aspects of creditor and investor representation and counsel clients as to the most cost-effective and expeditious strategies available to resolve and dispose of troubled loans, investments, or credits, before and after a debtor files for bankruptcy.

The right legal team is critical in dealing with troubled companies. Almost every bankruptcy, restructuring or asset sale has pitfalls and hidden complications. We regularly advise clients on how to manage the complexity in bankruptcy and restructuring matters to minimize cost and maximize value. Drawing on its extensive and multi-disciplinary practice, including technology, real estate, communications, utility law, corporate, tax, labor, and environmental law, the firm has the unique ability to analyze and resolve the complex issues that arise whenever companies face financial troubles, insolvency, or bankruptcy.

Our Bankruptcy and Restructuring Practice Group is also deeply experienced in traditional areas of bankruptcy practice, such as post-petition financing, treatment of executory contracts and eases, fraudulent conveyances, preferences, and proposing and objecting to plans of reorganization. In addition, the group regularly assists clients in structuring transactions to minimize risk in the event of future insolvency proceedings. The group also advises boards of directors and corporate officers on fiduciary obligations in troubled situations.

Statewide collections of our clients’ commercial receivables are processed by attorneys and support personnel who efficiently handle client accounts through a highly computerized and automated process.

Our collection department recovers outstanding debt and collateral for our banking clients, as well as finance and leasing companies and medical practices. Commercial receivables are recovered through our commercial division, which also coordinates the national and international forwarding and receiving of collection cases. Our real estate division’s services include rent collection, commercial and residential evictions, foreclosures, ejectment proceedings, materialmen’s liens and bond claims. Sirote & Permutt offers a full range of services in our collection process for these types of client receivables.

Publications

The Uncertainty of Basis Increases in Connection with Back-to-Back Loans to S Corporations - 9/1/2009

SMART Alert - 1/9/2009

SMART Alert - 1/7/2009

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