Creditors’ Rights

The Creditors’ Rights Practice Group at Markus Williams Young & Hunsicker has extensive experience in the creditors’ rights area and has earned a national reputation. We represent financial institutions, secured and unsecured creditors, and equipment lessors in all aspects of debt restructurings, liquidations, workouts, bankruptcy planning, negotiation, and litigation in federal and state proceedings throughout Colorado, Wyoming, and Utah.

How Can We Help?

We recognize that the most cost-effective solution for the creditor is frequently to negotiate for a debtor to voluntarily pay down its debt, release the creditor’s collateral, or restructure its indebtedness. However, if negotiations do not provide a result that is acceptable to our clients, we enforce their judicial and statutory rights by initiating proceedings in state and federal courts. We have secured the appointment of hundreds of commercial receivers and concluded thousands of commercial foreclosures on behalf of our clients. We routinely file the following actions against borrowers and guarantors:

  • Judicial and public trustee foreclosures of real estate
  • Receiverships of businesses and real property
  • Replevin actions to collect personal property collateral
  • Attachment proceedings
  • Garnishment proceedings
  • Collection actions
  • Forcible entry and detainer actions
  • File involuntary bankruptcy proceedings

If the debtor files for bankruptcy during a creditors’ collection action, our attorneys know and understand a creditor’s rights under the Bankruptcy Code and will, as appropriate:

  • Negotiate cash collateral orders
  • Seek adequate protection from the debtor to protect the creditors’ collateral
  • Seek to lift the automatic stay
  • Seek the appointment of a trustee or an examiner
  • File a claim with the bankruptcy court
  • Assert creditor’s reclamation rights
  • Require a debtor to reject or assume executory contracts
  • Challenge an individual’s right to receive a discharge or the dischargeability of the creditor’s claim
  • Request reaffirmation of the debt
  • Defend any avoidance actions brought against the creditor

Why Markus Williams Young & Hunsicker?

Markus Williams Young & Hunsicker’s Creditors’ Rights Practice Group is recognized as one of the premier practices in the Rocky Mountain region for its knowledge and experience in restructuring, collecting, and other matters involving commercial financial distress. We are experienced courtroom advocates and seasoned transactional lawyers. We routinely handle matters involving complex lending transactions and provide a full range of sophisticated legal services involving loan workouts and restructurings, receiverships, business foreclosures, commercial collections, and other insolvency matters. Whether the circumstances call for trial skills or deal-making expertise, we strive to maximize our clients’ debt recovery by identifying available assets and strategies for successful realization of claims. Our lawyers teach and lecture on creditors’ rights and bankruptcy, and frequently publish works of interest to our clients and the bar.

Attorneys Concentrating In Creditors’ Rights