practice areas

Bankruptcy and Creditors Rights

Rasco Klock’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 (including real estate developers), bankruptcy trustees, state court receivers, Assignees in ABC’s, landlords, shareholders, officers and directors, and various committees appointed in bankruptcy cases, including creditor’s committees.

Our practice ranges from developing strategies in anticipation of and as part of ongoing litigation, to negotiating dispute resolutions and workouts.  We offer special capabilities in prosecuting and defending actions in state and federal courts, including bankruptcy courts, including extensive experience with respect to the representation of both defendants and plaintiffs in breach of fiduciary duty and other claims involving officers and directors.

We draw upon the firm’s substantial resources in litigation, real estate, tax and corporate law to assist creditors, trustees, debtors, and other parties in interest 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 that they or their constituency 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, Receivership, and ABC Representations, including:

  • All phases of Chapter 11 reorganization and Chapter 7 liquidations, including representations of creditors, trustees, and other parties in interest in connection with plan confirmation issues, asset sales, stay relief hearings, cash collateral disputes, claim objections, fraudulent transfer and/or preference avoidance litigation, assumption and rejection of executor y contracts and unexpired leases, breach of fiduciary duty claims, and a host of related issues.
  • Trustee representation.
  • Committee representation.
  • Landlord representation.
  • Assignee and creditor representation in Assignment for the Benefit of Creditors cases.
  • Receiver 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.

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