Attorneys

Bankruptcy and Creditors Rights

The ability of debtors and creditors to respond to the changing environment will have profound effects in the future. More and more, global conditions are impacting the nation and its economy. Therefore, a business in trouble as well as its creditors requires quick and efficient legal help. At Middleton Reutlinger, whether we represent a troubled business or creditor, we have the skills and the resources to react quickly and address the needs of our clients.

Passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) realigned the bankruptcy world. These changes to the Bankruptcy Code are the most profound since its enactment in 1978. The predominant changes made by the BAPCPA were aimed at consumer bankruptcies, for debtor purposes and practitioner purposes and include need-based testing, compensation provisions, priorities of domestic support claims, domicile and exemption requirements, credit counseling and preference action guidelines to name a few. For these reasons, the perspective of qualified and informed attorneys is a necessity provided by Middleton Reutlinger.

The firm’s practice encompasses every aspect of insolvency and bankruptcy, representing all facets of bankruptcy including:

    - Debtor businesses
    - Foreclosures
    - Trade creditors
    - Secured and unsecured creditors
    - Creditors’ committees
    - Purchasers of insolvent companies
    - Trustees
    - Assignees for the benefit of creditors

CREDITOR REPRESENTATION

Middleton Reutlinger also represents secured and unsecured creditors of troubled entities to recover pledged collateral, prosecute claims, realize upon liens and security interests and defend creditors against whom claims have been asserted. This representation includes:

    - Loan restructuring
    - Financing Chapter 11 debtors
    - Negotiating use of a creditor’s assets by a debtor
    - Recovery of a creditor’s property or collateral
    - Creditor’s Committees
    - Plans of reorganization

DEBTOR REPRESENTATION

The firm has represented a diversity of debtor businesses including entrepreneurs, retailers, finance companies, manufacturers, wholesalers, distributors, service organizations and owners of shopping centers, office buildings and apartment complexes.

From a debtor standpoint, the firm engages in every aspect of reorganization, including:

    - Working with secured and unsecured creditors
    - Settling guaranteed obligations
    - Collecting assets and liquidating claims
    - Chapter 11 court proceedings
    - Out of Court compositions
    - Liquidations, receiverships and assignment for the benefit of creditors
    - Asset sales conducted in cooperation with the debtor’s lenders and trustees