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Creditors' Rights

The Creditors’ Rights practice at CCHA works to obtain the best legal solutions for our clients consistent with their financial and litigation goals. We offer a variety of legal options ranging from structuring voluntary workout resolutions to seeking legal recourse in applicable state and federal courts throughout Indiana.

Collection and Litigation
We regularly assist our business and individual clients in pursuing remedies against borrowers, guarantors and other third-parties.  We also represent lenders and financial institutions in collection, replevin, and foreclosure matters, prosecuting the client’s rights and defending such actions when necessary. Whether through a direct suit on notes, contracts, guaranties or a deficiency claim subsequent to a foreclosure, we represent clients in state and federal courts to collect amounts owed.  We also counsel and represent clients in obtaining court-appointed receivers to manage the collateral and investigate and pursue fraudulent transfer actions against obligors.

Bankruptcy Litigation
CCHA attorneys provide reasoned guidance and counsel regarding legally available options, creative solutions and help clients navigate complex legal proceedings.  We handle a broad range of bankruptcy litigation, including relief from the automatic stay, objections to confirmation, stay litigation, fraudulent transfer litigation, adversary proceedings, preference litigation and preference defense.  Because of the depth of practice areas we offer at CCHA, our creditors’ rights practice group can draw on that expertise and provide practical, informed and efficient solutions that deliver to our clients the best available resolution.

Troubled Business Workouts
We guide financially troubled businesses through the unfamiliar territory of loan workouts, corporate restructurings or bankruptcy proceedings. Our attorneys assess the legal issues related to the financial problems facing our clients and help clients and their management teams evaluate and execute realistic goals and solutions. While we will first work to resolve financial and legal issues by cooperating with creditors, we will employ an assortment of legal tools to seek appropriate and alternative options for relief including reorganization plans, business and asset sales, and liquidation guidance. Our experienced attorneys work with our clients to proactively manage and minimize risk and attempt to avoid bankruptcy for both the business and its individual owners.

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