Davis Malm's financial restructuring and bankruptcy attorneys have prosecuted and defended creditor claims outside of bankruptcy. We are thoroughly familiar with the state law collection remedies legitimately available to creditors, including prejudgment remedies, and with the state law defenses afforded to honest debtors. We frequently advise clients on their rights and defenses when bankruptcy trustees seek to avoid prebankruptcy transfers to our clients by a debtor, whether as a voidable preference or as a fraudulent conveyance. We are experienced with the rules on discharge of the debts of individuals, and regularly advise creditors as to whether a proper challenge to such a discharge may help leverage their recovery.
Representative Matters
- Represented a business in its successful opposition to a class action settlement proposed by a large investment entity that the firm's attorneys petitioned the U.S. Supreme Court to review. While the petition was pending, a settlement highly favorable for our client was reached.
- Represented one of the world's largest computer hard-drive manufacturers in collecting millions of dollars on secured claims in and out of bankruptcy.
- Currently represent numerous clients sued, or threatened with suit, to recover voidable preferences (prepetition payments by debtors within 90 days of bankruptcy), and are frequently successful in radically reducing, if not eliminating, such liability.