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Restructuring, Insolvency & Bankruptcy

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Secured Creditors

Allen Matkins represents secured creditors across all aspects of the loan-default spectrum.

We negotiate and prepare: 

  • Transactional and financing documents 
  • Workout and restructuring agreements 
  • Loan modification documentation 
  • Deed-in-lieu agreements 
  • Forbearance agreements

We represent secured creditors in all aspects of bankruptcy cases, including: 

  • Debtor-in-possession financing motions 
  • Cash collateral motions 
  • Motions for relief from the automatic stay 
  • Valuation motions 
  • Dismissal motions
  • Asset sale motions
  • Trustee appointment/conversion motions
  • Custodian relief from turnover proceedings
  • Plan litigation (from separate classification and Bankruptcy Code section 1111(b) elections to credit-bidding strategies, interest rate and loan-term disputes, and other cramdown matters)

We have also helped a number of secured creditors obtain confirmation of their own plans, typically over the objection of the debtor. The result is often that the secured creditor controls the collateral, owning the collateral outright or financing a new owner in whom the secured creditor has confidence.

We also regularly file and prosecute: 

  • Judicial and non-judicial foreclosure proceedings 
  • State and federal receivership proceedings 
  • Guaranty enforcement actions

Representative clients include:

  • Banks and credit unions
  • REITs
  • Finance companies
  • Pension funds
  • Insurance companies
  • Investment/distressed debt funds
  • Hedge funds