Lenders' & Creditors' Rights We have extensive experience protecting the interests of banks, and secured and unsecured creditors in commercial and financial litigation, lending disputes, and as bankruptcy creditors. The following are examples of our range in this area: - Protection and enforcement of lenders' and creditors' rights in commercial, personal and business bankruptcies
- Enforcement of UCC secured financing
- Litigation of finance contract disputes
- Litigation of debtor fraud
- Defense of lender liability claims
- Defense and prosecution of business torts
- Foreclosure of ship mortgages for lenders
- Defense and prosecution of maritime liens
- Prosecution of maritime and state law attachments and garnishments
Representative Matters - Represented major lenders in California in over 900 secured creditor proceedings in state and federal courts.
- Obtained ruling sustaining a demurrer without leave to amend to plaintiff’s fraud and negligence causes of action asserted against a repossession firm and a financial institution.
- Successfully protected interest of seller of business when buyer defaulted and sought bankruptcy protection.
- Litigation of $7.5 million Fleet Ship Mortgage in Northern Mariana Islands.
- Foreclosed on 8-Ship Fleet Ship Mortgage, including interlocutory sales of each vessel, and defended against maritime lien claims made against sale proceeds.
- Defended lender from finance contract disputes involving exotic car dealership in Newport Beach, California.
- Protected ship mortgage lender’s rights when vessel arrest was threatened to be dissolved when debtor filed for bankruptcy by arranging the first ever emergency “adequate protection” hearing on a Saturday in the history of the Central District of California – which prevented the vessel from leaving the jurisdiction.
- Enforcement of UCC-1 secured interests for creditors.
- Defended financial institution from lender liability claims.
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