McGrath North's creditor's rights and bankruptcy practice includes the representation of clients in all facets of debtor-creditor relations in state and federal courts located throughout the United States. We are experienced in providing multi-disciplinary teams of attorneys, which are often required for the successful administration of our clients' bankruptcy and creditor's rights related issues.
Creditor's Rights McGrath North's creditor's rights attorneys assist in protecting a wide range of our client's rights and interests in various situations of financial stress. This includes representing secured and unsecured creditors in commercial and consumer collections, foreclosures, corporate reorganizations and restructurings, involuntary bankruptcy petitions, fraudulent-transfer actions in state courts, litigation in bankruptcy proceedings, and other related matters.
Bankruptcy McGrath North advises clients in all aspects of bankruptcy actions, including the protection of secured creditor's rights in bankruptcy actions. The firm advises clients in the defense and litigation of preference and fraudulent-transfer actions initiated in Bankruptcy Courts throughout the United States. We are also experienced in the representation of unsecured creditors' committees and equity security holders' committees, including the committees in several of the largest commercial bankruptcies in the State of Nebraska. We also advise individual committee members of their rights and obligations in these roles. The firm's practice is not limited to representing creditors, but also involves representing financially distressed commercial concerns in non-bankruptcy workouts and in Chapter 11 bankruptcy proceedings. For example, the firm represented one of the largest Chapter 11 debtors in Nebraska history, resulting in the successful reorganization of a major telecommunications company in less than ten months.
Fair Debt Collection Practices Act and The Fair Credit Reporting Act McGrath North has substantial expertise in the area of consumer financial regulatory matters. The firm has represented clients dealing with numerous regulatory issues under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, HIPPA, and state consumer finance laws. We have successfully defended lawsuits under consumer protection laws, including class actions.
Representative Projects
Representative projects in this area include our representation of:
- The unsecured creditors' committee in the bankruptcy of Sportsstuff, Inc.
- The unsecured creditors' committee in the bankruptcy of Acceptance Insurance Companies, Inc.
- Adesta Communications, Inc., in its Chapter 11 case, which involved over $230M in assets and $210M in liabilities, making it one of the largest Chapter 11 cases ever filed in Nebraska. This successful reorganization, completed in less than ten months, resulted in the creation of Adesta, LLC, a local company currently employing over 350 people.
- An international construction company successfully collecting a $15M debt resulting from the construction of an ethanol facility.
- The equity-security holders' committee in the bankruptcy of Gold's Galleria.
- The unsecured creditors' committee in the bankruptcy of Golf USA, LLC.
- Hundreds of creditors and other parties in interest, protecting their rights in bankruptcy cases in Arizona, California, Delaware, Florida, Georgia, Idaho, Iowa, Minnesota, Missouri, Nebraska, New Mexico, New York, New Jersey, Pennsylvania, Tennessee, Texas and Washington.
- The respective unsecured creditors' committees in the bankruptcies of Heartland Promotions, Inc., and Golf, LLC, and the equity security holders' committee in the bankruptcy of Gold's Galleria.