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Bankruptcy & Creditor’s Rights

Our team of bankruptcy attorneys provide expert counsel to businesses, creditors, and trustees.

    Fabian VanCott’s bankruptcy attorneys have the depth and scope of experience to guide our clients through every aspect of the insolvency process.

We regularly represent:

  • Businesses considering bankruptcy and restructuring,
  • secured creditors,
  • unsecured creditors,
  • creditors’ committees,
  • bondholders, equity holders, and royalty holders,
  • bankruptcy trustees,
  • receivers,
  • Vendors and equipment lessors,
  • distressed asset purchasers

With matters involving:

  • restructurings in and out of court,
  • receivership cases,
  • chapter 7, 11, and 13 cases,
  • adversary proceedings,
  • state court proceedings,
  • foreclosures and evictions thereafter, and
  • litigation and appeals.
  • Let the Fabian VanCott team guide you through a process that can be complicated, confusing, and fast paced. Our attorneys will make sure your rights are protected at every stage.

    Meet our team and learn more about our expertise in bankruptcy below:

Topics

Bankruptcy Litigation

Our litigators provide expert representation to businesses, creditors, and trustees facing bankruptcy-related litigation.

Bankruptcy Sales

We have decades of experience representing stalking horse buyers, bidders, committees, secured creditors, debtors, trustees, and business debtors in sales under § 363 of the bankruptcy code both as part of and outside chapter 11 plans of reorganization, as well as litigation surrounding contested sales.

Chapter 11 Reorganizations

Our attorneys have drafted disclosure statements, plans of reorganization, plan support documents, and successfully litigated against disclosure statements and chapter 11 and 13 plans for our creditor clients.

Commercial Debts & Claims

Our bankruptcy team has vast experience representing creditors involving their claims and defending them against claims brought against them in bankruptcy cases and related adversary proceedings.

Foreclosures & Evictions

We have decades of experience representing secured creditors in judicial and nonjudicial foreclosures, unlawful detainer actions after foreclosure is completed, and successfully defending secured creditors in litigation and appeals related to such foreclosures brought by both commercial and consumer borrowers.

Out-of-Court Work Outs

Our team has drafted forbearance agreements, amended loan documents, loan modifications, and other out of court settlements for our banking and finance clients to avoid costly and time-consuming litigation.

Receiverships

We have represented and defended against court appointed receivers involving the FDIC, SEC, Ponzi schemes, and other matters involving hundreds of millions of dollars.

Secured Creditors

We have represented secured creditors in all aspects of bankruptcy cases including: motions to lift stay, motions to abandon, reaffirmation agreements, motions to dismiss, motions to convert or appoint a trustee, motions to transfer venue, adversary proceedings, contested matters, bankruptcy sales, court approved settlements, reorganization plans, claim objections, avoidance actions, preference claims, non-dischargeability actions, discharge injunction and stay violation claims, lender liability claims, lien stripping motions, retention of estate professionals, and appeals.

Trade Creditors & Vendors

If one of your customers has gone bankrupt, regardless of if you have been threatened with litigation or want to continue to do business with the customer, we can help.

Trustee Representation

Our attorneys have been and represented trustees in many chapter 7 and 11 cases and thousands of adversary proceedings for decades.

Unsecured Creditors’ Committees

We have represented official and unofficial creditors’ committees across the mountain west for decades with a history of success in precedent setting cases.