Bankruptcy & Creditors Rights

RASCO KLOCK PEREZ & NIETO, P.L.’s Bankruptcy/Creditor’s Rights Group offers clients an ideal mix of transactional strength and litigation support. The group consists of experienced lawyers who have been involved in a variety of credit, loan and financial disputes. Our lawyers also have substantial experience representing lenders (secured and unsecured), borrowers (such as real estate developers), bankruptcy trustees, state court receivers, and various committees appointed in bankruptcy cases, including creditor’s committees.

Our practice ranges from developing strategies in anticipation of litigation, to negotiating dispute resolutions and workouts. We offer special capabilities in prosecuting and defending actions in state, federal and bankruptcy courts.

We draw upon the firm’s substantial resources in litigation, real estate, tax and corporate law to assist creditors and debtors in achieving their goals. This approach assures that our clients obtain a full range of legal advice and representation.

The nature of the group’s creditor, receivership and trustee practice, in which its clients seek to recover monies lost, without losing more, has helped instill a focused attention to cost-effectiveness.

Core Competencies

Loan and credit litigation, including:

  • Lender liability cases (lender or borrower)
  • Commercial real estate foreclosure
  • Enforcement or defense of loan guaranties
  • Asset-based loan enforcement or defenses to enforcement
  • Truth-in-Lending and other regulatory compliance litigation

Bankruptcy representation, including:

  • All phases of Chapter 11 reorganization, including business debtor or lender representation in connection with plan confirmation issues, stay relief, cash collateral disputes, fraudulent transfer and/or preference litigation, and related issues.
  • Trustee representation
  • Committee representation

Uniform Commercial Code (UCC) litigation, including:

  • UCC Article 9 litigation, including priority disputes
  • Letter of credit disputes
  • Check, bank deposit and other bank operation litigation
  • Prejudgment remedies, such as replevin, attachment and garnishment
  • Domestication of foreign judgments
  • Post-judgment enforcement proceedings, including fraudulent transfer litigation