Introduction
With one of the leading Credit Recovery groups
on the west coast, DWT is well-versed on
the issues involving problem loans, representing lenders, creditors
and lessors in workouts, bankruptcy cases and collection matters including
related litigation.
We are particularly experienced in bankruptcy
court litigation, representing secured and unsecured creditors in
proceedings that include relief from stay, dismissal and conversion
of reorganization cases, resolution of disputed claims, preference
and fraudulent transfers, assumption and rejection of executory
contracts and lease, plan confirmation, adequate protection, use
of cash collateral and nondischargability of debts.
Members of our litigation department are
also available to consult on or handle bankruptcy court litigation
when particular state or federal law litigation expertise is required,
such as lender liability or hazardous waste issues.
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Range of Services Offered
Bankruptcy
Planning
DWT lawyers help structure commercial and real property contracts
and financial transactions to minimize the risks and uncertainties
inherent in bankruptcy.
Workouts
Our lawyers understand the issues raised in problem loans. We counsel
creditors on matters affecting enforcement of remedies and means
of correcting problems through restructure negotiations, particularly
in connection with a possible bankruptcy filing. We are experienced
in managing the effect of a debtor's bankruptcy filing on a secured
creditor's remedies. We have negotiated many loan modifications,
deeds in lieu of foreclosure and collateral surrender arrangements.
Reorganization
We represent creditors in all phases of Chapter 11 cases, including
post-petition financing and cash collateral agreements, motions
for adequate protection or for relief from stay, drafting plans
and disclosure statements, recovering property and goods, and advising
clients with respect to rights of setoff and recoupment.
Litigation
We have extensive experience in all aspects of commercial and bankruptcy
litigation. Our lawyers have brought actions to recover collateral,
collect rents, foreclose judicially and appoint receivers. We have
defended numerous preference, fraudulent transfer, equitable subordination,
lender liability and other claims arising in troubled loan and bankruptcy
situations. We have prosecuted and defended numerous actions to
determine the validity and priority of liens, dismissal and conversion
of reorganization cases, resolution of disputed claims, assumption
and rejection of executory contracts and leases, plan confirmation,
and dischargeability of debts.
Asset Purchases
We have extensive experience representing clients in purchasing
assets from bankruptcy estates and representing lenders whose collateral
is sold in bankruptcy asset sales.
Maritime
Our lawyers have experience in preferred marine mortgage documentation
and foreclosure, restructuring loans secured by vessels, and drafting
vessel construction, financing, and operation agreements.
Agricultural Financing
Our lawyers have detailed experience negotiating workout arrangements
with and enforcing lender claims against agricultural operations
in Chapter 7, 11, and 12 bankruptcies, including litigation of lien
priority disputes.
Our lawyers integrate and work closely with DWT lawyers
who specialize in other areas of the law, including real estate,
corporate and partnership, antitrust, taxation, employment, securities,
intellectual property, banking and appellate law, as well as those
with specialized industry expertise such as our nationally recognized
telecommunications, energy and health care practices.
Responsive
Service
Troubled loans and bankruptcies often require immediate response
on short notice. We make ourselves available on a round-the-clock
basis. We recognize the urgency and importance of these matters
and are committed to providing the best service possible. We make
every effort to employ creative solutions and to accomplish an early
and effective resolution of the matter.
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