Legal Insight. Business Instinct.

Creditor Bankruptcy

In the current volatile economy, no business or individual is immune from insolvency or bankruptcy problems. Many business owners find themselves having financial difficulties because of outside business conditions such as an increase in competition or general costs of doing business, financing troubles like loss of capital and the inability to secure new capital, or inside business conditions like management mistakes, fraud, or loss of clients. Whatever the reason, the business attorneys here at Beard St. Clair Gaffney can advise you on your options and the best course of action for your particular situation.

Our bankruptcy experience includes the following:

Creditor’s Rights

Our firm represents creditors and debtors in all matters regarding their legal rights and responsibilities. We assist creditors in all aspects of the negotiation, restructuring, enforcement, collection and liquidation of all types of loans and claims. We represent secured and unsecured lenders (including banks and other institutional lenders), lessors of real and personal property, and sellers of goods.

Secured Loan Transactions

We are experienced in structuring and documenting transactions involving all types of loans, including loans to debtors in bankruptcy and loans secured by all types of collateral. We also have experience in creating and perfecting security interests in all forms of tangible property. We render opinions of counsel regarding the validity and enforceability of loan documents both as primary counsel for Idaho-based lenders and as Idaho counsel for lenders.

Workouts of Troubled Companies

We analyze the financial problems of businesses and devise plans to resolve the problems between companies and their creditors.

Collections and Foreclosures

Our lawyers are experienced in litigation to collect debts, to foreclose security interests in real and personal property, and to enforce commercial contracts.

Commercial Law

Our group is involved in the litigation of a wide range of commercial law issues, including the enforcement of contracts under the Uniform Commercial Code, the enforcement of contracts of guarantee, receivership proceedings and actions to foreclose commercial real property trust deeds and mortgages; and the litigation of the preference recovery, fraudulent transfer, subordination and other adversary proceedings.


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