Creditor’s Rights

We work closely with our clients to fully understand their exposure to credit risks.  With this knowledge, we can help our clients to prepare in advance for anticipated and actual insolvency events.

The range of services includes:

  • Coordination of appropriate documentation to protect the client’s right of set-off.
  • Minimization of the business disruption which could otherwise result from delays in obtaining possession of client-owned tooling and equipment held by an insolvent supplier.
  • Pre-insolvency negotiation to protect the rights of our client as a licensee of intellectual property following a bankruptcy filing by the licensor.
  • Pre-insolvency planning and practical advice to maximize recoveries and to minimize preference exposure in the event of a customer’s bankruptcy filing or other insolvency event.
  • Post-bankruptcy re-negotiation of executory (and potentially restrictive) contract terms.
  • Post-bankruptcy defense of preference claims and recovery of claims against the debtor.