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Creditors' Rights & Bankruptcy Litigation and Enforcement

Miles & Stockbridge has substantial experience in all types of bankruptcy litigation.  We handle litigation matters involving:

  • Debtor in Possession financing

  • Plan confirmation proceedings

  • Asset sales

  • Asset recovery and disposition

  • Recharacterization of equity and subordination of claims

  • Fraudulent conveyance and preference actions

  • Stay relief motions

  • Cash collateral and adequate protection

  • Claim allowance

  • Dischargeability actions

  • Involuntary bankruptcy petitions

  • Lender liability claims

  • Litigation trusts, channeling injunctions, settlements and releases

We represent a wide range of parties in all types of adversarial proceedings, bankruptcy litigation and enforcement proceedings, including manufacturers, distributors, service providers, national, regional and local banks, financial institutions, real estate holding and development companies and equipment lessors. We strive to quickly, accurately and cost-effectively evaluate claims and present evidence to support available claims or defenses to maximize the client’s recovery or minimize the clients’ liability.

In addition, we regularly represent national, regional and local banks and financial institutions in consumer bankruptcy cases, and defend actions to avoid or strip liens and claims made under the Truth in Lending Act and other consumer protection laws.  In addition to our bankruptcy representation, we represent creditors in federal and state court enforcement proceedings, including suits on notes, confessed judgment actions, replevins, receiverships, foreclosures and garnishments.

We understand that every litigation matter requires its own unique approach, and we are fully equipped to litigate complex matters, or where appropriate, to negotiate a settlement that is acceptable and favorable to our client.