Hiscock & Barclay
Hiscock & Barclay

Creditors’ Rights

The attorneys in our Creditors’ Rights Practice Area specialize in representing creditors and in protecting their interests in such matters as debt workouts, litigation, collections, foreclosures, enforcement of lien rights, asset recovery and disposition, receiverships and bankruptcies. Our clients come from all sectors, and include banks, non-bank lenders, equipment and finance lessors, trusts, energy companies, insurance companies, manufacturers, distributors, retailers, developers, landlords, tenants, and professional service companies including accountants and lawyers. Our lawyers have also appeared as special counsel to bankruptcy trustees in various capacities.

Our team includes transactional lawyers and active trial attorneys who are admitted and appear in all of the state and federal courts in New York and Massachusetts. We regularly prosecute and defend matters arising out of a broad range of commercial, industrial and real estate transactions. In addition, our attorneys are experienced in prosecuting and defending foreclosure actions, from complex commercial projects to single family residences. Our transactional attorneys participate in the negotiation of bankruptcy plan treatment particularly with respect to secured transactions, negotiate and document simple and complex loan modifications, and in the taking of security interests under Article 9 of the Uniform Commercial Code and the common law.

We have represented local, regional, national and international companies in complex bankruptcy matters, including the prosecution and defense of adversary proceedings asserting fraudulent conveyances and preferential transfers, motions for relief from the automatic stay, adequate protection of secured interests, use cash collateral, setoffs, utility security deposits, and assumption and rejection matters. We have represented clients in some of the country’s largest bankruptcy cases including a Chapter 11 bankruptcy proceeding venued in the Northern District of New York, involving the largest Ponzi scheme in U.S. history at the time.

Our attorneys are active members in the American Bankruptcy Institute, and local, state and federal bar associations focusing on issues of significance to creditors.