Secured Creditors
Allen Matkins represents secured creditors holding real property and personal property collateral in all aspects of the loan default spectrum.
We negotiate and prepare:
- Transactional and financing documents
- Workout agreements
- Loan modification documentation
- Deed-in-lieu agreements
- Forbearance agreements
We also regularly file and prosecute:
- Judicial and non-judicial foreclosure proceedings
- Claim and delivery actions
- State and federal receivership proceedings
- Guaranty enforcement actions
We represent secured creditors in all aspects of a bankruptcy case, including:
- Continuing a pre-petition receiver as custodian
- Debtor in possession financing motions
- Cash collateral use motions
- Automatic stay relief motions
- Valuation motions
- Motions to dismiss
- Bankruptcy court asset sales
- Plan confirmation (from separate classification and Bankruptcy Code section 1111(b) elections to credit bidding strategies, interest rate and loan term disputes, and other cramdown matters)
We have helped a number of secured creditors obtain confirmation of their own plans, typically over the objection of the debtor. The result is often that the secured creditor controls the collateral, owning the collateral outright or financing a new owner in whom the secured creditor has confidence.