Banking, Receivership and Creditors’ Rights

O’Neil, Cannon, Hollman, DeJong and Laing’s Banking, Receivership and Creditors’ Rights Practice Group includes one of Wisconsin’s leading receivership practices and serves national, regional and local financial institutions, including secured and unsecured creditors, corporate and individual creditors, debtors in troubled company turnarounds, loan workouts and collections, bankruptcy and state receivership planning, crisis management, federal and state court proceedings and corporate restructurings.

Bankruptcy and State Receivership Planning and Proceedings:

Our Banking, Receivership and Creditors’ Rights Practice Group attorneys draw on their extensive expertise and the Firm’s multidisciplinary experience to:

Act as a court appointed receiver
Provide bankruptcy and state receivership planning for businesses, banks, and lending institutions
Enhance recoveries for secured and unsecured creditors
Develop pragmatic strategies for dealing with financially troubled enterprises, including receiverships, Chapter 11 plans, and out-of-court restructurings
Provide advice on complicated financial transactions, including asset-based loans, leveraged buyouts, and other structured financings
Analyze contemplated transactions or existing financial arrangements and suggest means of minimizing the negative consequences of a future bankruptcy or insolvency
Handle related litigation matters, such as preference and fraudulent conveyance actions, relief from automatic stay proceedings, lender liability and equitable subordination claims, and borrower fraud actions.

Turnarounds and Workouts:

The Group also represents both lenders and borrowers in:

Formulating, negotiating, and documenting debt restructuring plans, debt settlements and new or negotiated financing arrangements
Troubled loan recoveries and specialized collection actions, such as mechanic’s lien proceedings, mortgage foreclosures and receiverships

Commercial Loans:

We understand that, in today’s business world, the key to successful borrower/lender relationships is custom loan documentation that fairly reflects both parties’ needs in a particular transaction. We have substantial experience drafting and negotiating loan agreements and collateral documents that make the deal work for both lender and borrower.

Our areas of practice include: