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Restructuring, Workout and Foreclosure Matters

Belongia, Shapiro & Franklin, LLP’s Restructuring, Workout and Foreclosures practice combines the firm’s bankruptcy practitioners, transactional attorneys, and seasoned litigators to provide strategic solutions for clients involved in or dealing with distressed or non-performing loan situations. Our attorneys apply an interdisciplinary approach to best represent lenders, mutual funds, hedge funds, insurance companies and middle market businesses facing restructuring of existing credit facilities, in- and out-of-court workouts, and insolvency-related litigation.

The firm has substantial experience in workouts and restructurings of distressed real estate and commercial credit facilities. With extensive experience representing both lenders and borrowers in loan transactions, as well as in bankruptcy proceedings, Belongia, Shapiro & Franklin, LLP’s attorneys help lenders identify options and strategies that will maximize their recovery in troubled credit situations, while minimizing risk and expense.

On behalf of secured creditors, unsecured creditors and creditors’ committees, we work with clients to recover pledged collateral, prosecute claims, realize upon liens and security interests and defend creditors against whom claims have been asserted. We represent financial institutions in restructuring loans, financing Chapter 11 debtors through debtor-in-possession financing and cash collateral orders, negotiating adequate protections for use, or prohibiting use of a creditor’s assets by a company in bankruptcy, and recovering possession of client’s property from borrowers both in an outside of bankruptcy cases. We also represent creditors filing involuntary bankruptcy petitions, and have represented creditors in successfully blocking the discharge of their claims against bankrupt borrowers.

Belongia, Shapiro & Franklin, LLP regularly works in conjunction with real estate workout specialists (such as Loan Workout Advisors, LLC) on engagements with banking institutions to serve as lead counsel on commercial real estate loans that become delinquent or otherwise nonperforming. On behalf of such banks, Belongia, Shapiro & Franklin, LLP manages and performs all varieties of workout work and related litigation.

Belongia, Shapiro & Franklin, LLP’s litigation attorneys have experience with all types of insolvency-related litigation, arbitration and dispute resolution. We have substantial experience in commercial collection litigation, international asset collection, real estate foreclosures and other insolvency-related litigation matters.

Our litigators have successfully pursued lawsuits involving collections on notes and guarantees, resolved inter-creditor disputes and pursued foreclosure on assets securing asset-based loans. Our attorneys have represented lenders foreclosing on commercial, retail, and office properties, apartment buildings, farms, partially completed residential developments, industrial, and specialty and mixed-use properties. We also have assisted in matters involving receivers and mortgagees-in-possession, and have been involved in several cutting-edge matters involving receivers, including their right to seize rents and other assets held by owners/borrowers.

For more information about our Restructuring, Workout and Foreclosures Practice contact:
Mark D. Belongia