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Creditors' Rights

We understand the legal complexities associated with debt recovery. We represent the gamut from large, international lenders to small, closely held companies, all seeking to enforce their contract rights and security interests on failed transactions. From collecting account arrearages to regaining wrongfully detained property, we have prosecuted thousands of cases on behalf of creditors. Our experience runs from aggressive creditor representation in United States Bankruptcy Court to statewide prosecution of client contract rights in Florida’s courts.

Familiar with equipment leasing, installment contracts, guaranty agreements and financing statements, we routinely litigate account related disputes and work through the intricacies of any collection matter to deliver practical, bottom-line advice.

 

Representing a large equipment manufacturer defrauded by one of its dealers, we successfully conducted a two-week trial in Palm Beach County Circuit Court, obtaining for our client a large and collectible verdict. The jury found the dealer’s principal and guarantor personally liable for the losses when it agreed with our position that he had set up and manipulated dozens of bogus charge accounts through his dealership and diverted payments due our client into his other enterprises.

bullet Defaulted obligations and troubled loans are an occupational hazard for a financial institution. While the preferred course of action is customarily some form of work out, there are times when legal action is the only effective alternative. When one borrower proved to be a disappointment, using loan proceeds for something other than their intended purpose, we were brought in to extricate the client's collateral intact and did so in short order.

An internationally known lender realized to its dismay that a dealer was out of trust on millions of dollars of floor planned inventory. To complicate matters, the corporate borrower had filed for bankruptcy protection. We were asked to quickly protect this client's interests, work through the confusion of lost, mis-delivered and improperly pledged collateral, and minimize developing losses. We coordinated our efforts with those of other involved lenders, fashioned a reorganization plan with the debtor in possession for approval by the court, and obtained a favorable outcome.

Not all results are provided, the results are not necessarily representative of results obtained by the firm, and a prospective client’s individual facts and circumstances may differ from the matter in which the results are provided.

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200 S. Biscayne Blvd., Suite 1800, Miami, Florida 33131
Phone: 305.347.5290, Fax: 305.377.8695
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