Real Estate and Finance

Creditors' Rights & Bankruptcy

Preti Flaherty’s Creditors' Rights & Bankruptcy Group knows that businesses and individuals face a wide range of financial issues, and we take pride in partnering with our clients to solve these problems by providing creative and cost-effective solutions. We provide our clients with high-quality, responsive legal support and trusted guidance in all aspects of the debtor/creditor relationship, both in and out of court. We represent creditors and trustees in bankruptcy proceedings under all chapters of the United States Bankruptcy Code. 

A Wealth of Knowledge

Preti Flaherty’s Creditors' Rights & Bankruptcy Group is one of the most experienced in New England. Our team has decades of experience representing and supporting our clients in all aspects of the debtor-creditor relationship, including:

  • Negotiating and preparing workout, loan restructuring, and forbearance/modification agreements
  • Repossessions and dispositions of personal property collateral
  • Replevin actions
  • Residential and commercial foreclosures and mortgage-related litigation
  • Evictions
  • Ancillary title disputes
  • State court receiverships
  • Assignments for the benefit of creditors
  • Enforcement of notes, guarantees, and related obligations
  • Creditor and trustee representation in bankruptcy proceedings
  • Buyer and seller representation in bankruptcy sales

Led by co-chairs Greg Moffett and Tony Manhart, and backed by the full force of a seven-time Benchmark Litigation “Firm of the Year,” members of our insolvency group have represented clients in the bankruptcy courts of 11 states. This breadth of experience enables us to confidently navigate the bankruptcy process for our clients in all matters arising under the Bankruptcy Code. Among our bankruptcy attorneys we have a Chapter 7 Trustee for the District of Maine, an adjunct professor of bankruptcy law, and several attorneys ranked as “Best Lawyers in America” by Woodward/White and Super Lawyers. Our attorneys are actively involved in industry groups including the New Hampshire and Maine Bankers Associations, the American Bankruptcy Institute, and the Turnaround Management Association and are frequently called to speak before these groups.

Finding Creative Solutions

With our multi-disciplinary approach, we are able to draw on the experience of Preti Flaherty’s other practice groups to reach innovative solutions, such as our business law team’s frequent assistance with organizing sale and restructuring agreements. Outside the bankruptcy arena, we regularly counsel lending clients with their day-to-day collateral, default, and loan-related concerns, and assist in negotiating and preparing workout, loan restructuring, and forbearance/modification agreements.

We also have significant experience representing lenders and institutional creditors in state receiverships, assignments for the benefit of creditors, and in the enforcement of notes, guarantees, and related obligations. 

Any complex transactional structure has the potential to become a difficult situation. By thinking deliberately different about problems, we create solutions that turn difficulty into opportunity. Resolving difficult situations is our specialty.