Banking & Credit

Financial Restructuring, Workouts & Creditor Rights

Lenders turn to Davis Malm to help get derailed loans back on a performing basis or to liquidate collateral and recover deficiencies from guarantors or other obligors when loans go into default.  Our familiarity with the issues and the positions taken by opposing parties – and their lawyers – enables us to be strategic when advising lenders, so we work efficiently and effectively toward a solution.

BANKING & CREDIT PRACTICE AREAS

Our experience includes:

  • Negotiating loan restructuring and forbearance agreements
  • Representing clients in secured party sales of business assets, commercial mortgage foreclosures and the activation of assignments of leases and rents for all types of asset classes
  • Initiating suits to collect monies due under promissory notes and guarantees, judicial and non-judicial foreclosures of commercial real estate mortgages, and enforcement of assignment of rent agreements for a mortgaged property’s income stream
  • Advising clients seeking to become mortgagee-in-possession or to accept a deed-in-lieu of foreclosure, as well as the tax consequences from forgiveness of indebtedness
  • Representing secured parties in insolvency proceedings and secured party sales of UCC collateral, including intellectual property rights
  • Representing secured and unsecured creditors in Chapter 11 reorganization proceedings
  • Obtaining relief from bankruptcy stays in order to foreclose on collateral that is part of the bankruptcy estate of defaulting debtors
  • Representing both buyers of assets out of bankruptcy and sellers of assets through the bankruptcy process
  • Advising clients on their rights and defenses concerning fraudulent transfers and preference period pre-bankruptcy transfers
Results

Our proven
track record.

  • Represented secured lenders to commercial and residential landlords, including shopping malls, which present unique cash collateral and debtor-in-possession financing issues.
  • Represented lenders to automobile dealerships in situations involving frauds and sales-out-of-trust.
  • Represented a private lender in the foreclosure of its security interest in the assets of a failed startup, including critical IP rights, and the subsequent sale of the company to a new entity.

Banking & Credit Attorneys

Meet the Financial Restructuring, Workouts & Creditor Rights Team.

Meet All Of Our Attorneys
Charles DeBevoise

Charles H. DeBevoise

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RESOURCES

Happenings, headlines and insights.
See what’s new at Davis Malm.

View Our Banking & Credit Resources

Alerts

April 28, 2020

Additional Funding Appropriated to Help Assist Small Businesses Affected by COVID-19

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Publications

April 17, 2020

Terms make PPP loan program ‘no brainer’ for firms, experts say

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Alerts

April 6, 2020

Small Business Loan Relief Provided Under the CARES Act

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Speaking Engagements

April 24, 2018

Branches in the Digital Age: How to Reset Your Branch Network

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Firm Announcements

December 14, 2017

Davis Malm Forms Dedicated Banking and Credit Practice

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