Secured Creditor Representation

Jackson Walker attorneys regularly represent banks, indenture trustees, servicers, private equity firms, and other non-traditional lenders as secured creditors in significant bankruptcy matters, as well as in out-of-court restructurings. These secured creditor representations include:

  • Enforcement of creditors’ rights and protection of their claims and collateral arising from pre-bankruptcy defaults
  • Navigating secured creditor clients through the bankruptcy process, including, but not limited to:
    • Protection of secured creditors in all facets of cash collateral and adequate protection disputes,
    • Motions to dismiss or convert,
    • Motions for relief from stay,
    • Drafting and filing proofs of claim,
    • Section 363 sales of the creditors’ collateral, and
    • Chapter 11 plan confirmation
  • Enforcement of creditors’ rights and remedies post-bankruptcy

Our attorneys also represent lenders in conjunction with extending and documenting debtor-in-possession financing to debtors in bankruptcy.

  • Represented national banks, state savings banks, and other institutional lenders in bankruptcies, receiverships, and workouts in a variety of industries and businesses, including healthcare companies, energy companies (upstream, mid-stream and down-stream), real estate companies (landlords and developers), manufacturers, technology companies, and a wide variety of other service providers, retailers, dealers, and suppliers.
  • Represented lead, agent, and/or participant banks in syndicated secured credit facilities in energy company Chapter 11 cases in Texas, Delaware, and New York, including C&J Energy, Chaparral Energy, Energy XXI, Knight Energy, North American Petroleum, Penn Virginia, Postrock Energy, Sabine Oil & Gas, and Samson Resources.
  • Represented MBS servicers and special servicers in connection with secured claims in distressed situations and company Chapter 11 cases.
  • Represented indenture trustees in Chapter 11 cases involving companies in the energy, agriculture, and automotive finance industries.
  • Represented an indenture trustee for a bond issuance in a Chapter 9 filing by a Texas city.
  • Represented a secured lender with tax anticipation loans in the Chapter 9 filing by a Texas county hospital district.
  • Represented debtor-in-possession lenders in energy and healthcare company Chapter 11 cases.