(801) 854-9212 Telephone

(801) 415-9340 Facsimile

©2019 by Invictus Law

BANKRUPTCY AND RESTRUCTURING

Years of Experience

Our attorneys provide services to individuals and private corporations seeking to liquidate their assets or restructure their business and/or finances.  Our experience includes representing clients’ interests from the first sign of trouble through bankruptcy proceedings (Chapters 7, 11, 12 and 13) or litigation. 

Debtor Representation

On the debtor side, we work closely with the client to minimize disruption to their family or business, while simultaneously examining and analyzing opportunities to address their financial issues. By becoming true partners with our clients during this process, we help them protect their interests and seek efficient resolutions to their short- and long-term concerns. Our experience representing debtors includes handling out-of-court settlements by negotiating agreed payment terms.

Creditor Representation

We represent creditors and creditor constituents, including unsecured creditors’ committees, secured lenders, bondholders, and trade and lien creditors. Understanding each matter is unique, we approach each matter to maximize our client’s recoveries, either through negotiations or through litigation.  Our role includes advising our clients on risk management strategies in advance of formal bankruptcy proceedings to limit potential exposure, representing creditor interests within formal bankruptcy proceedings and out-of-court workouts, and representing defendants in preference and fraudulent conveyance actions.

We handle the following types of matters and issues for creditor clients:

  • General Creditors’ Rights

    • Lender liability defense

    • Actions against borrowers and guarantors

    • Writs of execution/writs of possession

    • Wage and non-wage garnishments

    • Asset depositions and investigations

    • Fraudulent transfer investigation and prosecution

    • Settlements

  • Bankruptcy (commercial and consumer Chapter 7, 11, 12 or 13)

  • Workouts

    • Forbearance agreements

    • Deeds in lieu of foreclosure

    • Loan assumption/modification

    • Loan sales and assignments

  • Foreclosure/Collateral Actions

    • Judicial and non-judicial foreclosures

    • Mortgage enforcement and property protection

    • Mortgagees in possession

    • Enforcement of assignments of leases and/or rents

    • Property management issues

    • Real estate, title issues and claims

    • Sales and short sales

    • Replevin

    • Mechanic’s lien, judicial lien and foreclosures and litigation