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Our Bankruptcy and Creditors' Rights team has assisted clients both locally and nationally regarding a variety of creditors' rights and bankruptcy matters. Our lawyers are experienced in and knowledgeable about all aspects of bankruptcy and creditors' rights practice.
- Bankruptcy: Moffatt Thomas’s team of bankruptcy lawyers has extensive experience in all aspects of the bankruptcy process. We assist creditors and unsecured creditors’ committees in obtaining the best possible outcome in bankruptcy proceedings. The firm routinely assists clients in obtaining acceptable plan treatment, acquiring adequate protection, converting or dismissing cases, receiving relief from the automatic stay, litigating issues in adversary proceedings, and filing proof of claims. We assist our clients in prebankruptcy planning, how to avoid preference and setoff issues, how to avoid violating the automatic stay, and how to avoid participating in fraudulent transfers. We are frequently retained by local clients to oversee their bankruptcy cases in other states. In those instances, we formulate our clients’ bankruptcy strategy and work closely with out-of-state counsel to achieve our clients’ desired result.
- Loan Workouts: Loan workouts are often the first and best alternative for our clients to negotiate settlement terms with borrowers. The lawyers at Moffatt Thomas have assisted numerous clients in renegotiating loan packages to achieve this goal. By identifying weaknesses in a loan before the loan is renegotiated, we expedite our clients’ ability to review documentation, collateral, and perfection issues. We work closely with our clients to ensure that all documentation on each loan workout is properly drafted and executed and that all liens are properly perfected.
- Foreclosure and Collections: Moffatt Thomas has years of experience in foreclosing on real and personal property in judicial proceedings and in foreclosing on real property in nonjudicial proceedings. We have litigated foreclosure cases in federal court and throughout Idaho. Our attorneys are well versed in Revised Article Nine and work closely with our clients to ensure that all sales of collateral comply with Revised Article Nine’s default provisions. We are experienced in all prejudgment and postjudgment remedies available to creditors, including claim and delivery (replevin), garnishment, writs of attachment, temporary restraining orders regarding collateral, writs of execution, and foreclosure decrees and sales. In addition, our clients often encounter issues in numerous substantive areas such as real estate, environmental, and complex financial transactions.
- Lender Liability: Moffatt Thomas is a leading firm in Idaho representing lenders in lender liability cases. Our attorneys have been involved in nearly every reported lender liability case in the last 14 years and have achieved great success in defending lenders in every forum. Moffatt Thomas’s team of attorneys routinely advises clients regarding lender liability risks associated with enforcing loan documents and offers successful strategies for minimizing the risks associated with foreclosure litigation.
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