Chapters 11 & 12 Bankruptcy
When your borrower seeks protection, we are your
ultimate refuge
ultimate refuge
Anytime a bankruptcy is filed, it is a stressful time for all parties involved. Let our team of professionals carry your burden.
Weltman’s commercial bankruptcy attorneys are well-versed in the nuances of chapter 11 and 12 bankruptcies. Whether your borrower is a corporate entity or a farming or commercial fishing operation, we will advocate for your rights as a creditor – while seeking maximum recovery through the bankruptcy plan. Assisting creditors with both secured and unsecured claims, we will follow your case from start to finish until your borrower has either liquidated its assets or successfully reorganized to continue its operations.
Our Services Include
Adequate Protection
Secured creditors may be entitled to adequate protection payments to compensate for any depreciation to your collateral. Our attorneys will work with your debtor to negotiate periodic cash payments, or we will initiate additional protections such as replacement liens or administrative expense claims.
Lease Assumption
Lessors of equipment and commercial property maintain their rights in chapter 11 and 12 bankrupties, and we take the appropriate steps to make sure those rights are protected. This includes negotiation of the lease assumption, cure of any arrears, and maintenance of ongoing payments.
Plan Review & Objection
We will carefully review the debtor’s proposed treatment plan and evaluate whether your rights are thoroughly protected. If the situation warrants, we will file a timely objection to the plan and attend a confirmation hearing to present our opposition to the court.
Relief From Automatic Stay
If a debtor fails to make payments to the trustee or the creditor per the plan, or if there is a lack of adequate protection, we will file a motion for relief on your behalf. Our team of attorneys and legal assistants always verify local rules regarding filing, service requirements, and additional requirements of the judge assigned to the case.
Publications
Insights / 6 October 2022
Protecting Creditors in Chapter 11 Bankruptcy: Top 3 Takeaways
Insights / 16 June 2021
Bankruptcy Basics: Chapters 11 & 12 Filings
Insights / 24 September 2020