Debtor-Creditor Litigation

Miller Nash’s litigation and insolvency teams collaborate when issues of financial distress arise in litigation. These include:

• Assisting when a party to litigation files bankruptcy or is placed into receivership
• Planning litigation strategy and structuring settlement agreements to minimize the risk of loss in the event of bankruptcy or insolvency
• Pursuing and defending claims for preferences and fraudulent conveyances
• Litigating valuation issues

In addition, our team handles all types of litigation in the creditors' rights area, including:

• Collection of judgments, including executions and garnishments
• Pursuing judicial foreclosures of liens against real and personal property in state and federal court
• Completing nonjudicial foreclosures of liens against real and UCC Article 9 sales of personal property
• Commencing receiverships, defending against actions for receivership, and representing receivers in receivership cases in state and federal court
• Filing claims in bankruptcy and receivership cases, and litigating claims disputes
• Pursuing reclamation demands and litigating disputes over reclamation issues
• Handling commercial landlord-tenant disputes
• Reviewing the administration of troubled loans to minimize lender liability and litigating lender liability claims when they arise