Services

Creditor's Rights

Cantor Arkema’s creditors’ rights team has extensive experience in the enforcement and collection of debt both inside and outside of the courtroom and in advising clients in real estate transactions on such issues as fraudulent conveyance and preference liability.  

Outside of the courtroom, we regularly represent financial institutions, commercial lenders, and other entities in structuring real estate transactions and workouts of existing loans.  Our team and our firm’s sophisticated business attorneys offer a creditor experience and detailed insight regarding their legal options and the borrower’s financial situation, allowing the creditor to make well-informed decisions in negotiations with the borrower.  If foreclosure becomes necessary, we can assist with that, as well.  We have experience in maximizing the value of collateral in the foreclosure process to ensure the best possible return.  

Our creditors’ rights team also has extensive experience in representing creditors in all chapters of bankruptcy.  We have represented financial institutions, vendors, landlords, equipment lessors, taxing entities, and individuals, among others, in bankruptcy cases.  Our team also has significant experience representing bankruptcy trustees and Chapter 11 creditor committees.  The following is a sample of our current and former creditor representations in bankruptcy cases:

• Served as co-counsel to the unsecured creditors’ committee in the Elantic Telecom, Inc. Chapter 11 case.
• Represented a “Fortune 100” company in the successful acquisition of “pipeline assets” in the NELCO bankruptcy case.
•  Served as counsel to an informal landlords’ committee in the Best Products Chapter 11 case.
• Represented a variety of creditors in the Heilig-Meyers, Inc. Chapter 11 case, including landlords, numerous wrongful death and personal injury claimants, and a consortium of furniture manufacturers.
•  Represented substantial creditor interests in the Chapter 11 cases of Fas Mart Stores, Inc., AMF Bowling Centers, Inc., and US Airways, Inc.
• Represented Chapter 7 bankruptcy trustee in a multimillion-dollar adversary proceeding against a member of the Saudi royal family.
• Represented a national commercial real estate operating company in the Purina Mills and Maxxim Medical Chapter 11 cases.
• Routinely represent a “Fortune 500” retailer in bankruptcy matters.
• Routinely represent several credit card issuers in non-dischargeability litigation.

Attorneys

• Bruce E. Arkema

• James C. Cosby
• Kevin J. Funk
• Neil E. McCullagh
• Drew S. Reiferson
• David K. Spiro