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Creditors' Rights Practice Group

Goldberg Segalla LLP's Creditors’ Rights Practice Group represents creditors from all segments of business including lenders, manufacturers, builders, retailers and judgment creditors.  Our working knowledge of New York State Debtor/Creditor Law, Federal Bankruptcy Law and broad litigation experience allows us to cost-effectively pursue the collection of commercial debt at every stage, from initial contract negotiations to demand letters, to work-out negotiations, mechanics’ liens, litigation, and judgment enforcement via replevin, attachment, property execution, garnishment, and foreclosure.

We are prepared to assist clients with:

  • Negotiating and drafting initial credit facilities designed to minimize credit risks and maximize recovery prospects in the event of default
  • Drafting payment demands crafted to exploit all available leverage and encourage payment without litigation
  • Counseling clients to secure their interests through security agreements, UCC filings, pledges, mortgages, and other forms of collateralization
  • Positioning clients for cost effective and convenient resolution of payment disputes via jurisdiction, venue, and attorneys’ fees contract provisions
  • Evaluating the viability of and ultimate collectibility of claims against debtors prior to commencement of collections efforts and investment of resources
  • Prosecution of collection litigation in local, state, federal, and bankruptcy courts throughout New York and across the United States
  • Utilizing alternative dispute resolution through binding and non-binding arbitration and mediation
  • Protecting and defending creditors’ rights in all aspects of chapter 7, 11, 12 and 13 bankruptcy proceedings
  • Identifying and reversing fraudulent conveyances of assets by debtors attempting to defraud creditors
  • Selecting and implementing appropriate and cost-effective post-judgment asset investigation techniques, including debtor examinations, information subpoenas, third-party subpoenas and examinations, real estate and lien searches
  • Negotiating and collateralizing work-outs, repayment and forbearance agreements

Please contact Jeffrey A. Carlino or Bruce W. Hoover for more information.



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