Creditor’s Rights

Whether you are an individual or an institution, the creditor’s rights attorneys at KSR offer efficient, aggressive, and professional representation to help preserve your interests — and your assets.

Our attorneys have a wide range of experience in representing all sizes of banking institutions, private equity investors, mezzanine lenders, savings institutions, private lenders, general creditors, special servicers, individuals, and other financial services firms.

We have helped clients successfully restructure hundreds of millions of dollars of debt by finding smart solutions that work. Restructuring cannot work unless it starts smart and remains vigilant throughout the process. This can sometimes require striking a delicate balance between the issues faced by Debtors and the rights of Creditors to be paid. It is a balance we achieve by working closely with our clients to understand what they need in restructuring troubled debt or even just shoring up performing debt that needs some extra attention.

Whether your rights are being pursued through a consensual restructuring or workout, litigation, or bankruptcy, we are prepared to see your matter through to a successful conclusion that meets your goals. For an in-depth look at our approach to the varied facets of creditor’s rights, select one of the tabs below — or contact Scott N. Schaeffer.

Creditor’s Bankruptcy Claims and Litigation

When a borrower or debtor files for bankruptcy there are certain steps that you as a creditor have to take in managing your ongoing collection activities and preserving your right to recover and be paid.

You do have rights under the Bankruptcy Code to be paid on your claims and to protect your collateral. Whether your borrower or debtor has filed for Chapter 11, Chapter 7, or Chapter 13 protection, we can outline the steps you need to take to have your claim honored, to ensure the greatest possible recovery, and to protect your security interests. Many bankruptcy cases feature a complex interplay of rights between various competing creditors, and keeping your claim at the forefront is our constant goal. When circumstances demand it, we will vigorously pursue the necessary bankruptcy litigation or adversary proceedings in pursuit of your goals. Whether you are initiating adversary proceedings in bankruptcy or defending litigation, we are prepared and have the experience to successfully guide you through the process to get a successful result. The Bankruptcy Code provides a number of rights but Creditors need to know how to assert them. Helping you assert your rights is at the heart of everything we do.

For assistance with any creditor’s bankruptcy claims and litigation issues, contact Scott N. Schaeffer or Erica Ann Probst.

Commercial Collections and Debt Restructuring

Whether you are dealing with an ongoing enterprise that cannot service its debt, the wind up and dissolution of a borrower, or other needs that require collection activity or restructuring, we know what it takes to meet your needs.

Collectively, our creditor’s rights attorneys have over a thousand collection and workout matters under our belts. We understand the issues and know how to navigate complex matters. Commercial collections can be difficult and often you are dealing with competing priorities of various creditors along with tax and other governmental issues. We understand the many ways that debt can be restructured, but we also know when it cannot. We are prepared for either course and can offer the right avenues to help preserve your assets. Whether you are dealing with ongoing businesses, defunct enterprises, real estate based loans or any other business situation, we can help you through the process to reach a successful conclusion.

If you have questions or need assistance related to commercial collections or debt restructuring, contact Scott N. Schaeffer.

Commercial Foreclosures

Our attorneys have handled hundreds of commercial foreclosure across the state, and we understand the intricacies of the process.

We will work tirelessly to complete the process as quickly as possible so that you can obtain the best return. There are difficulties in a foreclosure process that is more accustomed to the sale of residential foreclosures than commercial foreclosures. This can impede the process of bringing the simplest to the most complex commercial properties to a successful sale. Having repeatedly and successfully overcome those obstacles for clients throughout Ohio, we bring unparalleled expertise to achieving a timely and successful resolution.

We also understand that the law is constantly evolving to streamline the foreclosure process and we know the alternatives to foreclosure. The appropriate use of receiverships, special master auctions, short sales, consensual foreclosures, structured sales, or deeds in lieu of foreclosure are all tools that creditors can use to maximize their return in a timeframe that suits the creditor. Regardless of which avenue you decide to pursue, we can efficiently and effectively advise you on the best way to reach your goals.

For guidance in managing a commercial foreclosure, contact Scott N. Schaeffer.

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