When things go belly up, we don’t back down.

Creditors Rights & Bankruptcy

Overview

When businesses face financial distress, creditors are often left navigating a maze of uncertainty. Gutwein Law provides sharp, strategic counsel to creditors, lenders, landlords, and other stakeholders during bankruptcy and insolvency proceedings. 

Our team understands how insolvency and bankruptcy filings can disrupt your business and cash flow. We guide you through every phase of the process with practical, efficient solutions that keep your bottom line top-of-mind. 

Services

  1. We represent secured and unsecured creditors in Chapter 7, 11, and 13 bankruptcy cases, ensuring your claims are properly filed, prioritized, and protected.

  2. We help you obtain relief from the automatic stay and defend your interests when a debtor’s actions jeopardize your collateral or contractual rights.

  3. We negotiate creative solutions to avoid costly litigation and preserve commercial relationships where possible.

  4. We advocate for landlords, equipment lessors, and trade vendors to protect lease rights, reclaim goods, and secure critical vendor status.

Successes

Bankruptcy & Restructuring

Pursued administrative claim under 11 U.S.C. § 503(b)(9) and obtained payment in full on claim.

Bankruptcy & Restructuring

Settled a preferential transfer claim in the amount of $519,015.39 for nuisance value.

Bankruptcy & Restructuring

Represented creditor in adversary case brought by Debtor.

Bankruptcy & Restructuring

Settled multi-million dollar preferential transfer and fraudulent transfer claims for less than 5% of the amounts alleged.

Bankruptcy & Restructuring

Represented creditor and its affiliate in two avoidance actions filed by Creditor Trust.

Bankruptcy & Restructuring

Represented debtor in sale of substantially of its assets and structured dismissal.

Bankruptcy & Restructuring

Represented other creditors secured against Debtor’s personal property (equipment), and spearheaded the sale and release of liens on the collateral.

Bankruptcy & Restructuring

Represented landlord in negotiation for the payment of pre- and post-petition rent obligations and in new lease with the buyer of substantially all of Debtor’s assets.

Bankruptcy & Restructuring

Representing under-secured creditor in bankruptcy and pursuing personal guaranty agreement outside of case.

Bankruptcy & Restructuring

Successfully foreclosed mortgages and purchased properties at sheriff sale in a timely manner.

Bankruptcy & Restructuring

Represented commercial lender in seeking the immediate appointment of receiver over apartment complexes.

Bankruptcy & Restructuring

Successful motion for sanctions against towing company for violation of bankruptcy stay.

Bankruptcy & Restructuring

Successful motion for relief from stay to repossess client collateral.

Bankruptcy & Restructuring

Defense of adversary proceeding brought against material supplier for alleged preferential prepetition transfers.

The Creditors Rights & Bankruptcy Team

Attorney

Eric A Koch portrait

Of Counsel

Spencer W Tanner portrait

Attorney

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