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Collections & Creditors' Rights

At Wolcott Rivers Gates, we counsel banks, lenders, creditors and other interested parties in connection with bankruptcies, corporate restructuring and workouts, commercial collection matters and receiverships in federal district and bankruptcy courts throughout the United States and in all Virginia state courts.

Insolvency Proceedings

Our attorneys routinely represent secured and unsecured creditors and other parties-in-interest, including:

  • Chapter 7 and Chapter 11 trustees

  • Indenture trustees

  • Official committees of unsecured creditors

  • DIP lenders

  • Shareholders

  • Former officers and directors

  • Landlords

  • Avoidance defendants

We handle bankruptcy cases under Chapter 11, Chapter 13, Chapter 7 and Chapter 15 of the Bankruptcy Code throughout the country, including in the District of Delaware and the Southern District of New York.

We also represent parties-in-interest in bankruptcy proceedings in connection with:

  • Claims prosecution

  • Requests for relief from the automatic stay

  • Adequate protection payments and collateral liquidation

  • Negotiation of DIP financing

  • Asset sales

  • Structure of plans of reorganization

  • Assumption and rejection of executory contracts

  • Defense of avoidance actions

Our lawyers also represent official committees of unsecured creditors in Chapter 11 bankruptcy cases. We advise former shareholders, officers and directors in claims brought by bankruptcy estates for alleged breaches of their fiduciary duties. Our bankruptcy and creditors’ rights team has prosecuted numerous involuntary bankruptcy petitions on behalf of petitioning creditors.

Workouts and Restructuring

On behalf of banks and other lender clients, our bankruptcy and creditors’ rights lawyers handle out-of-court workouts and financial restructuring transactions, which include revolving asset-based lines of credit and real estate term loans. Whenever possible, our lawyers strive to craft solutions to the borrowers’ solvency problems without resorting to litigation or bankruptcy.

Commercial Litigation

Our bankruptcy and creditors’ rights attorneys represent lenders and other creditors in courts throughout Virginia in nearly all types of creditors’ rights actions, including:

  • Commercial collection matters

  • Disputes under the Uniform Commercial Code

  • Landlord/tenant matters

  • Bank deposits and collections

  • Bulk sales

  • Construction and mechanics’ lien law, which includes actions under the Miller Act, seizures of collateral, attachments, injunctions, garnishments and levies