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, creditor committees, and trustees in bankruptcy proceedings under all chapters of the U.S. Bankruptcy Code. 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.
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
- Ancillary title disputes
- State court receiverships
- Assignments for the benefit of creditors
- Enforcement of notes, guarantees, and related obligations
- Debtor, creditor, creditor committee, DIP lender, and trustee representation in bankruptcy proceedings
- Buyer and seller representation in bankruptcy sales
- Distressed M&A transactions
- Preference and fraudulent transfer litigation
- Automatic stay litigation
- Bankruptcy appeals
Led by chair Greg Moffett, and backed by the full force of a ten-time Benchmark Litigation “Firm of the Year,” members of our insolvency group have represented clients in the bankruptcy courts across the country. Among our bankruptcy attorneys we have 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, the International Women’s Insolvency and Restructuring Confederation, and the Turnaround Management Association. Our attorneys frequently write articles for and speak before these groups. This breadth of experience enables us to confidently navigate the bankruptcy process for our clients in all matters arising under the Bankruptcy Code.
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 Banking and Financial Services team’s frequent assistance with 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.
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.