Creditors’ Rights

We represent creditors of all sizes in state and federal courts coast to coast, protecting their interests inside and outside of bankruptcy court. We advise financial institutions, commercial landlords, trade creditors and other creditors on the full range of remedies available under the law.

We aggressively represent our clients in judicial proceedings as well as out-of-court workouts. From enforcing judgments and placing liens to negotiating workouts and pursuing recovery in court, we help clients act quickly and strategically. Our team understands how to navigate complex, multiparty disputes and preserve value in distressed situations. We represent secured and unsecured creditors in all facets of debt collection, asset recovery, garnishment and priority disputes.

Our attorneys also advise creditors in non-bankruptcy commercial matters including lien perfection, collection and enforcement actions. And we handle Assignment for the Benefit of Creditors (ABC) proceedings, representing creditors and assignees in state court, facilitating distributions to creditors under state statutes and frameworks.

We do all these things with a keen eye on both commercial objectives and long-term business relationships.

Whether the goal is to recover payment, restructure a loan or position a client in a bankruptcy proceeding, we bring practical solutions and a steady hand. Creditors count on us to chart a clear path forward — protecting what they’re owed and advocating for their rightful place in the financial line.

Responsive and Proactive

We don’t wait for the dust to settle. We assess risk early, identify pressure points and map out a clear strategy to protect and advance our clients’ interests. We’re known for our ability to step into urgent or complex situations — involving multiple parties, disputed priorities or distressed borrowers — and bring clarity, structure and forward momentum.

We regularly:

  • Defend against preference claims and fraudulent transfer avoidance actions.
  • Negotiate and complete asset acquisitions from bankruptcy estates.
  • Structure settlements to minimize subsequent bankruptcy filing impacts.
  • Prepare and defend objections to proofs of claim.
  • Develop and advocate creditors' plans in bankruptcy proceedings.
  • Represent creditors' committees.
  • Prosecute reclamation claims.
  • Restructure and negotiate workouts for distressed secured and unsecured loans.
  • Initiate and defend lawsuits over payment defaults, contract breaches, fraudulent transfers, loan enforcement, commercial law disputes, and lender liability claims.
  • Prosecute and defend complex federal and state court litigation and appeals involving fraudulent business schemes.
  • Obtain and enforce judgments, place and perfect liens, and pursue prejudgment remedies.
  • Conduct post-judgment discovery and asset tracing to identify recoverable assets.
  • Conduct judicial and non-judicial foreclosure proceedings.
  • Enforce personal property liens and collateral rights under UCC Articles 8 and 9.
  • Litigate disputes over priority, subordination, guarantees and commercial instruments.
  • Orchestrate major workouts and Chapter 11 reorganizations for income-producing properties including hotels, commercial centers, office buildings, apartment complexes, and other business operations.
  • Initiate Assignment for the Benefit of Creditors actions in state court.
  • Negotiate workouts and resolutions that protect clients' legal and commercial positions.
  • Protect cash collateral in bankruptcy proceedings.
  • Obtain relief from automatic stay provisions.
  • Secure appointment of receivers to enforce secured creditor rights.

National Reach. Local Strength.

Fox has offices in 18 states and the District of Columbia. Our attorneys are admitted to practice in nearly every state in the U.S. We have a strong litigation presence in jurisdictions known for creditor rights litigation, including California, Colorado, Delaware, Florida, Illinois, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas and Washington.

Our geographic footprint gives us insight into local courts, judges and procedural nuances — and our collaborative model means clients benefit from firmwide resources without red tape or bureaucracy. Our associates, paralegals and litigation support professionals play a critical role in moving cases forward with precision and speed.