Practice Groups

Bankruptcy & Debtor-Creditor Relations

Chair: David J. Theising

The Bankruptcy & Debtor-Creditor Relations Group at Harrison & Moberly serves clients in all aspects of the debtor-creditor relationship. The Firm has a broad background in counseling individual and corporate creditors and lenders in a wide variety of business and commercial dealings, and represents banks and other financial institutions in negotiating, drafting and closing credit and loan transactions. Firm creditor attorneys are also known for aggressively prosecuting legal proceedings to enforce both secured and unsecured creditor rights, and the firm’s collection lawyers regularly handle commercial collection proceedings such as commercial and residential real estate mortgage foreclosure actions, mechanic’s lien foreclosures, repossessions and replevin actions, enforcement of security agreements and commercial leases, actions involving guarantors, sureties and indemnitors, and routine collection of accounts receivable and trade debt.

Bankruptcy and receivership proceedings present uniquely complicated financial and legal issues. Harrison & Moberly’s bankruptcy lawyers have the knowledge and experience to counsel and guide clients through the myriad complexities and uncertainties of all types of insolvency proceedings. The firm’s expertise in bankruptcy law and receivership law is drawn from the thousands of bankruptcy and receivership proceedings in which firm attorneys have been involved, including those where a firm attorney has served as a trustee or court-appointed receiver, and those where the firm has been retained to act as counsel in representing a bankruptcy trustee or receiver in state or federal court. The firm’s bankruptcy attorneys also represent business debtors, creditors, and officially appointed creditors’ committees in chapter 11 bankruptcy reorganizations, chapter 12 bankruptcy proceedings for family farmers, chapter 13 bankruptcy cases for individuals with regular income, and chapter 7 bankruptcy liquidation proceedings.

Harrison & Moberly attorneys also have expertise in creative alternatives to bankruptcy litigation, such as bulk transfers, assignments for the benefit of creditors, credit workouts, and business reorganizations outside of bankruptcy. The firm’s experience in debtor-creditor relations allows its attorneys to credibly negotiate with and on behalf of debtors, creditors and lenders to avoid the expense and uncertainty of litigation.