practice areas

Bankruptcy Representation of Creditors

Creditors’ Rights and Realization on Collateral

The firm has extensive experience representing lenders and holders of retail installment contracts in actions seeking to realize on real and personal property collateral, including intellectual property. We have brought numerous suits to collect loans, judicially foreclose on real property security, and appoint receivers. We have handled hundreds of claim-and-delivery actions. The firm has also been involved in title and priority disputes concerning security, and the defense of condemnation, abatement, and nuisance actions concerning REO property. The firm represents creditors in all facets of non-judicial and judicial foreclosures, mixed collateral realization and personal property collateral disposition.

Bankruptcy

Our attorneys represent creditors and debtors in a wide variety of bankruptcy matters and have had key roles in many of the largest recent Chapter 11 cases in California. We handle major loan workouts, cash collateral use, post-petition financing, sales of collateral, purchases of assets from debtors and trustees, plan confirmation, and executory contract problems.

Severson lawyers defend creditors against the claims of debtors, trustees, and creditors’ committees, including preference and priority litigation. The firm also has experience in handling statutory trust claims, such as under the Perishable Agricultural Commodities Act, and cases involving energy producers.

The firm is equipped to handle large scale bankruptcy and restructuring proceedings, such as out representation of a franchisor of a worldwide restaurant chain in the restructure of its franchise system in Chapter 11.

Consumer Bankruptcy

Severson’s Creditors’ Rights group includes a specialized group of attorneys and paralegals known as the Consumer Bankruptcy group. Recognizing that our institutional clients have a need for cost-effective representation in the consumer bankruptcy forum, the group utilizes technology (custom databases, pleading templates, etc.) to manage a high-volume caseload with extreme efficiency. The group routinely handles a variety of pre and post-confirmation issues with respect to Chapter 11, 12 and 13 bankruptcies, including but not limited to, filing proofs of claim and reviewing plans of reorganization for issues pertaining to feasibility, good faith, and adequate protection of collateral. The group also has extensive experience in Chapter 7 matters, including issues pertaining to relief from stay, dischargeability, and lien-stripping litigation.

Workouts

The firm has handled hundreds of loan workouts and restructurings for banks and other lenders before, during, and after bankruptcy proceedings. These restructurings often involve new real or personal property collateral, guarantees, and extension and forbearance agreements.