Creditors’ Rights and Remedies

Birch Horton Bittner & Cherot’s attorneys are well experienced in bankruptcy and insolvency-related litigation. Bankruptcy cases at times have the feel of a transactional or regulatory proceeding where most matter are resolved consensually or by default (because no one objects). However, at other times, contentious litigation erupts in the bankruptcy case itself, in satellite lawsuits (called “adversary proceedings”) pending in the bankruptcy court, or in non-bankruptcy courts. Further, insolvency issues arise in cases where no bankruptcy is involved, e.g., lien disputes.

Bankruptcy litigation ranges from the routine and repetitive (lawsuits to set aside allegedly preferential transactions) to highly complex issues involving approval of contested plans of reorganization in large business cases. The necessary skill set for these cases is to be both a litigator and be well-versed in bankruptcy and insolvency law. A large portion of bankruptcy litigations is resolved through negotiated settlements. The willingness to litigate an issue to conclusion when justified by the situation can help achieve a more favorable settlement.

Birch Horton Bittner & Cherot’s bankruptcy lawyers are litigators and have experience handling the full range of bankruptcy and insolvency-related issues.

As a full-service law firm, Birch Horton Bittner & Cherot works with secured creditors conducting foreclosures, evaluating short sales or deed in lieu of foreclosures. Our knowledgeable attorneys are experienced in real estate and bankruptcy law and can assist with obtaining relief from the automatic stay and dealing with other bankruptcy issues.

Our multiple practice groups work capably together representing institutional lenders and, on occasion, debtors and assist lawyers in other units. Municipal attorneys assist local governments in their role as creditors of real estate-holding debtors, both for tax debt and non-tax debt. Homeowners’ association attorneys enforce lien rights. The Birch Horton Bittner & Cherot team identifies issues and anticipates problems before they arise, securing favorable outcomes for our clients.

Birch Horton Bittner & Cherot assists both lenders and borrowers with modifying loans when required by economic circumstances.

This practice area emphasizes negotiation and the ability to understand business dynamics. From the lender’s side, there is significant transactional work that comes with negotiating and documenting the modifications. See Secured transactions. From the borrower’s side, the work often merges with bankruptcy avoidance and pre-bankruptcy counseling work – the key is to help the troubled borrower and its principals understand their options and select the appropriate strategy. See Bankruptcy-avoidance strategies and pre-bankruptcy counseling.

Birch Horton Bittner & Cherot attorneys have represented lenders in the documentation of many secured loans and other secured transactions.

Our Anchorage office is often called upon to serve as Alaska local counsel for major national law firms handling transactions in Alaska. This role has developed over the nearly 50 years that the Anchorage office has served the local business community.

Both our Washington, D.C., and Anchorage offices assist lenders and borrowers with preparing, reviewing, and negotiating loan documentation as lead counsel.

The group of Birch Horton Bittner & Cherot attorneys who work in this area includes both litigators and nonlitigators. The group is broader than the group which regularly appears in bankruptcy court and engages in bankruptcy and insolvency-related litigation. Secured transactions can give rise to bankruptcy and insolvency-related litigation (e.g., adversary proceedings seeking to avoid liens), and Birch Horton Bittner & Cherot litigators are qualified and experienced in that type of litigation. Related bankruptcy and insolvency-related litigation.