Our experience includes:

  • Negotiating loan restructuring and forbearance agreements
  • Representing clients in secured party sales of business assets, commercial mortgage foreclosures and the activation of assignments of leases and rents for all types of asset classes
  • Initiating suits to collect monies due under promissory notes and guarantees, judicial and non-judicial foreclosures of commercial real estate mortgages, and enforcement of assignment of rent agreements for a mortgaged property’s income stream
  • Advising clients seeking to become mortgagee-in-possession or to accept a deed-in-lieu of foreclosure, as well as the tax consequences from forgiveness of indebtedness
  • Representing secured parties in insolvency proceedings and secured party sales of UCC collateral, including intellectual property rights
  • Representing secured and unsecured creditors in Chapter 11 reorganization proceedings
  • Obtaining relief from bankruptcy stays in order to foreclose on collateral that is part of the bankruptcy estate of defaulting debtors
  • Representing both buyers of assets out of bankruptcy and sellers of assets through the bankruptcy process
  • Advising clients on their rights and defenses concerning fraudulent transfers and preference period pre-bankruptcy transfers
Results

Our proven
track record.

  • Represented secured lenders to commercial and residential landlords, including shopping malls, which present unique cash collateral and debtor-in-possession financing issues.
  • Represented lenders to automobile dealerships in situations involving frauds and sales-out-of-trust.
  • Represented a private lender in the foreclosure of its security interest in the assets of a failed startup, including critical IP rights, and the subsequent sale of the company to a new entity.
Banking & Credit Attorneys

Meet the Financial Restructuring, Workouts & Creditor Rights Team.

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Firm Announcements

December 13, 2018

Davis Malm Adds Kevin Milton to its Business Law and Banking and Credit Practices

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Speaking Engagements

April 24, 2018

Branches in the Digital Age: How to Reset Your Branch Network

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Firm Announcements

December 14, 2017

Davis Malm Forms Dedicated Banking and Credit Practice

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Speaking Engagements

August 4, 2017

SBA 504: What Happens After Closing

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Speaking Engagements

September 19, 2014

504 Closing Issues

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Publications

December 1, 2013

SBA 504 Program Adds Up for Borrowers

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Publications

November 1, 2013

More in Store for 504 As SBA Loans Thrive

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Publications

December 2, 2012

Users are Winners in 2012 CRE Game

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Publications

April 20, 2012

SBA 504 Aids Trio of MA Borrowers

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