Creditor Rights & Bankruptcy

Gunster represents secured and unsecured creditors, creditors’ committees, lenders, indenture trustees and business owners in the full range of bankruptcy matters. Our team is dedicated to understanding the current economic climate and resolving critical problems, as well as committed to offering solutions that can benefit our clients in the long- and short-run. Our team advises on the initial stages of evaluating the alternatives and assisting in prepetition planning, including leveraging government subsidies and other incentive offerings — to handling bankruptcy proceedings, adversary litigation and plans of reorganization.

Protecting the rights of creditors requires skilled, experienced professionals who have a dimensional understanding of insolvency law and today’s immediate and constantly changing terrain. Our attorneys negotiate agreements to restructure loans and leases and resolve defaults, in even the most dramatic scenarios, obtain relief from stay, as well as pursue defaulting debtors and enforce creditors’ rights in liquidation and reorganization contexts..

The firm represents creditors’ committees and equity holders, as well as individual creditors, landlords and lenders in the protection of their rights and assets in both out of court restructurings, receiverships, assignment for the benefit of creditors proceedings and all bankruptcy proceedings. Our team is experienced in negotiating and supervising challenging and unique out of court, informal workouts and debt compositions, for both debtors and creditors.

Gunster believes that overcoming insolvency obstacles requires solid judgment to resolve complicated disputes in the most cost-effective way possible. Chapter 11 and Chapter 7 matters often unfold very quickly. Our attorneys seek to promptly and efficiently address the variety of options that arise in bankruptcy proceedings, including first day motions.

Gunster strives to be effective advocates in prosecuting and defending the wide variety of litigation claims that arise in or from related-to bankruptcy proceedings. Our firm’s goal is to offer both extensive trial experience and a multi-dimensional understanding of the Bankruptcy Code in order to resolve difficult and novel bankruptcy disputes both in and out of court.

Our team members are regularly involved in adversary proceedings. Our attorneys represent bankruptcy trustees in claims against a debtor or its principals for making fraudulent schedules, misusing the bankruptcy system, or for avoidance and recovery of preferential or fraudulent transfers. Additionally, if other parties received avoidable transfers; our attorneys have been called upon by the trustee to bring actions to recover those funds. Our attorneys have defended claims brought by trustees and debtors against creditors and other non-debtors, sought exceptions or denial from discharge, and contested lien priority.


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