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Creditors' Rights and Bankruptcy

Practice Areas

Bankruptcy Collection/Eviction Litigation Foreclosures Lender Liability Defense Loan Workouts

Group Description

Our Creditor's Rights and Bankruptcy Group includes attorneys from the Banking and Finance and Commercial and Real Estate Practice groups of the Firm who have special expertise in all aspects of creditors' rights law, including bankruptcy, workouts, foreclosure, enforcement of security interests and other creditor remedies, domestication and collection of judgments, and the defense of lender liability claims. Members of the group regularly represent a wide variety of clients, including domestic and foreign financial institutions and local, national, and international business entities and individuals in bankruptcy cases, workouts, restructurings, and litigation of various kinds in federal and Hawaii courts. Members of the group have extensive experience in the areas of bankruptcy and insolvency taxation, as well as the reporting and taxation of cancellation of indebtedness income. Members of the group have extensive experience in the representation of lenders in the protection and enforcement of their rights, through the negotiation and documentation of loan modifications, judicial and nonjudicial mortgage foreclosures, the enforcement of special remedies such as receiverships and attachments, and in all aspects of bankruptcy, including relief from the automatic stay, voidable preference, fraudulent transfer, and adequate protection of secured claims. We also represent purchasers and sellers of distressed properties in foreclosure, bankruptcy and forfeiture cases, as well as purchasers and sellers of troubled loans. For many years we have represented a large number of corporate and institutional landowners in connection with the enforcement of their rights under ground leases and commercial space leases, and the protection of their interests in bankruptcy proceedings. Although we primarily represent creditors, we also advise and represent debtors in connection with the restructuring of their relationships with their lenders and the protection of their assets, as well as in Chapter 7 and Chapter 11 bankruptcy cases. In addition, our Creditors' Rights and Bankruptcy Group members regularly represent bankruptcy trustees, receivers, foreclosure commissioners, appraisers, creditors' committees, and a variety of other participants in the debtor-creditor arena.