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Creditors' Rights Department Information
Our Creditors' Rights Department is concentrated in the areas of representing creditors in bankruptcy, creditors' rights, evictions, foreclosure, and commercial litigation matters. We represent a number of financial institutions and are seeking to expand our practice. We understand the legal needs of lenders and have the ability to provide you with quality legal representation at a reasonable cost.
Our firm has substantial experience representing secured and unsecured creditors in all forms of bankruptcies. We negotiate with debtors-in-possession and trustees in transaction involving cash collateral orders, post-petition financing, and the sale or abandonment of collateral. Our attorneys have extensive expertise in creditors' cases where a debtor's assets have been fraudulently transferred to corporate affiliates, successors, or relatives.
Lacy Katzen LLP has extensive experience litigating complex commercial foreclosure actions, including: obtaining orders and appointing receivers (simultaneous with the commencement of the foreclosure action, without notice to the fee owner/defendant, if the loan documents permit); representing clients at court-ordered mediations regarding large, commercial real estate foreclosure actions; drafting and successfully arguing motions for summary judgment in contested actions; and representing clients at settlement negotiations, including drafting standstill agreements and stipulations of settlement.
We also have experience representing subordinate lien holders. The firm presently represents numerous financial institutions throughout New York State. The firm has standardized procedures and computerized document handling, providing the capability for efficiently managing a large volume of foreclosures.
A significant amount of replevin actions are successfully sought on behalf of creditors. Attorneys in this group also handle eviction proceedings on behalf of many apartment complexes, in the complete eviction process, including setting court dates, drafting all documents, and coordinating sheriff enforcement of the warrant. Reinforcement of the judgment is accomplished within this process as well, whether it is through garnishment or other methods.
Here are some of our specific talents:
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Advising lenders with respect to workouts and restructurings outside of bankruptcy.
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Advising clients regarding alternatives and strategies when dealing with financially troubled parties.
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Representing statutory retiree and unsecured creditors' committees and secured creditors in Chapter 11 reorganizations.
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Representing lenders in both debtor-in-possession and plan "exit" financings.
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Representing shopping center developers and managers in tenant and department store bankruptcies.
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Providing advice concerning stays against lien enforcement, setoffs, preferences, fraudulent conveyances, equitable subordination, lender liability, and the assumption or rejection of leases and executory contracts.
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Defending preferential and fraudulent transfer actions in bankruptcy courts throughout the country.
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Representing clients investing in and acquiring debtor companies in reorganization proceedings.
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Handling mortgage, Article 9, mechanic's lien and other foreclosure issues generated by Lacy Katzen LLP's commercial and consumer lending clients.
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Representing landlords in eviction proceedings.
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Providing debt collection support to our commercial and consumer lending clients.
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Defending financial institutions in check fraud and UCC-based disputes.
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Representing clients in residential and commercial real estate closings.
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Advising and monitoring compliance of agricultural clients with respect to the Perishable Agricultural Commodities Act (PACA) and defending those clients in PACA actions in various federal courts.
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Representing clients in state and federal court actions involving a brand variety of commercial disputes.
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Our ability to combine attorneys with diverse backgrounds and experiences is extremely effective in dealing with the complexities that must be addressed to pursue the rights of our creditor clients which include multinational and domestic corporations.
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Lacy Katzen LLP
Attorneys at Law
The Granite Building
130 East Main Street, Second Floor
Rochester, New York 14604
Phone: 585.454.5650;
Fax: 585.269.3077;
General E-mail: atty@lacykatzen.com
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