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Creditor Rights & Bankruptcy Litigation

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    Overview

    Since Dickinson Wright chartered the National Bank of Detroit in 1933, we have maintained a long history of involvement in financial matters and effective client representation in all aspects of finance-related litigation. Today, we represent leading financial institutions across the country and are recognized as a go-to firm for bankruptcy services, particularly in the automotive industry and in matters involving lenders. While our practice regularly represents lenders, borrowers, creditors, and debtors, our core strengths include creditors’ rights, workouts, lending litigation, and bankruptcy.

    Our Services

    Workout and Lender Litigation

    We represent leading Michigan and national banking associations, venture capital firms, and nontraditional lenders in all facets of financial services litigation in jurisdictions across the country. Our litigation team understands our clients, their goals, and the financial industry. We work closely with personnel at every level and collaborate with outside consultants, turnaround specialists, and advisors to provide integrated solutions. Our goal is to provide actionable advice and upfront planning that help clients save time, reduce costs, and manage risk.

    Creditor Rights

    Our team pursues and defends creditors’ rights and remedies across the country for a broad and varied client base. We regularly represent national and regional banking institutions in recovering collateral, including real, personal, intangible, and aviation assets; appointing receivers; and collecting defaulted loan balances and guarantees. Dickinson Wright also represents businesses of all sizes across a wide range of industries, from media and automotive to health law. We represent clients in complex contractual balance and remedy disputes and, when necessary, help locate and seize assets and recover judgments. We also advise corporate clients and select individuals on strategic collection options and ways to avoid litigation and bankruptcy.

    Dickinson Wright places a premium on meeting clients’ needs as efficiently as possible. Our attorneys combine a thorough understanding of federal and state laws governing creditors’ rights with the practical judgment and creativity needed to navigate those laws in our clients’ interests.

    Bankruptcy Litigation

    Dickinson Wright pursues creditors’ rights in bankruptcy courts from coast to coast. With a national presence and experience handling cross-border insolvencies, we are prepared to represent clients whenever and wherever bankruptcy is filed. Our team prosecutes involuntary petitions, motions for relief from the automatic stay, and dismissal and conversion motions, as well as objections involving financing, sales, executory contracts, claims, and plan confirmation.

    In the frequently litigated area of preference claims, we have defended claims of up to $85 million involving thousands of transfers. Dickinson Wright has also developed a proprietary software program to analyze and minimize preference exposure thoroughly and efficiently. Our experience includes:

    • Merchant banking
    • Mortgage foreclosures
    • Negotiable instruments
    • Real property litigation
    • Foreclosures and receiverships
    • Syndicated lending
    • Post-sale dispute resolution
    • FINRA and NYSE arbitration