Bankruptcy/Creditor and Debtor Rights Practice Group

Perkins Thompson Bankruptcy / Creditor and Debtor Rights Practice Group

The Bankruptcy/Creditor and Debtor Rights Practice Group provides personalized attention to clients in navigating the ever-changing territory of modern commercial and consumer bankruptcy, insolvency, and recovery law. We regularly represent numerous regional and national financial institutions, receivers, secured and unsecured creditors, creditors’ committees, trustees, purchasers of assets, lessors of real and personal property, parties to executory contracts, debtors, and other institutional and individual stakeholders. We also handle foreclosures, collections, repossessions, and evictions.

The Group’s attorneys are licensed to practice in state and federal courts in Maine, New Hampshire, Massachusetts, and Connecticut.

Services Provided

Committed to client satisfaction, we have expertise in all areas of bankruptcy and debtor-creditor law. We operate as part of an interdisciplinary team, and are able to draw on resources from the firm’s business, transaction, tax, real estate, litigation, and other practice groups, thereby providing efficient and effective client services, including:

  • Counseling clients in connection with all aspects of bankruptcy and non-bankruptcy liquidations, financial restructurings, and reorganizations;
  • Advising creditors’ committees and bankruptcy trustees;
  • Representing clients in bankruptcy preference, fraudulent transfer, and other litigation;
  • Advising lenders in loan workouts and restructurings and on lender liability matters;
  • Counseling financial institutions and other creditors on protecting and realizing on collateral, obtaining possession of and/or foreclosing on secured parties’ real and personal property assets, and maximizing the return on secured, administrative, and unsecured claims;
  • Pursuing bankruptcy nondischargeability actions on behalf of creditors; and
  • Litigating Chapter 7, Chapter 11, Chapter 13, and other bankruptcy and debtor-creditor matters in both state and federal courts.

Foreclosures

We represent local and national financial institutions and other commercial and consumer lenders in all aspects of commercial and residential foreclosure actions. Our lawyers possess extensive experience assisting lenders with timely and effective prosecution of judicial and nonjudicial foreclosures, including preparing the default letter, attending mediation, drafting motions, successfully trying cases, and conducting auctions. To provide our clients with efficient representation, our lawyers draw upon our staff of experienced and knowledgeable foreclosure paralegals and administrative staff.

Collections

In addition, we assist the firm’s clients in pursuing and resolving both commercial and retail collection matters speedily, efficiently, and favorably by providing systematic and personal attention to each collection matter. To facilitate the collection of amounts due to our clients, we will seek, on a client’s behalf, real estate attachments, bank account attachments, ex parte attachments, personal property attachments, and any other applicable pre- and post-judgment remedy that is appropriate and available in any given matter. Our commercial and retail collection team is highly skilled at pursuing creditor claims in state and federal courts and in the bankruptcy courts. We also are experienced in perfecting, enforcing, and collecting out-of-state judgments.

Evictions

We also represent landlords, real estate management companies, financial institutions, and our other commercial clients in connection with recovering possession of commercial and investment real property in eviction/forcible entry and detainer actions. We work toward a final judgment but are also experienced in negotiating agreements to facilitate obtaining possession of the property at issue for our client as expeditiously and economically as possible.

Representative Matters

  • Counsel to receiver in Starch Partners, LLC and Starch Realty Associates, LLC matter pending in the U.S. District Court for the District of Maine;
  • Counsel to receiver in Associated Grocers of Maine, Inc. matter pending in Maine State Superior Court. See September 16, 2013 Morning Sentinel article, “Bank of Maine Sues Former Grocer Cooperative for $2.5 Million”;
  • Counsel to primary secured creditor in Chapter 11 cases of MainePCS LLC, Maietta Construction, Inc. and Maietta Enterprises, Inc., and Class Acts Management, Inc. (jointly administered with Fassett House, LLC, Parkside Properties, LLC, Mid-Town Properties, LLC, Intown Property Holdings, LLC, Munjoy Hill Properties, LLC, Thomas Reed House, LLC, Chadballs Holding, LLC, Sturdivant Block, LLC, and The Harris Hotel, LLC);
  • Counsel to Official Committee of Unsecured Creditors in Chapter 11 cases of Irving Tanning Company, Prime Tanning Company Co., Inc., and Prime Tanning Corp., Morin Brick Company; Red Shield Environmental, LLC and RSE Pump & Chemical, LLC, and Correct Building Products, LLC;
  • Counsel to Maine Chapter 7 bankruptcy trustee in cases of Bill Whorff, Inc., Finest Hearth, Inc., Morin Brick Company, and George F. and Linda L. Rayner;
  • Special counsel to Massachusetts Chapter 7 bankruptcy trustee in case of Patrick Hannon;
  • Counsel to various Chapter 7 bankruptcy trustees in preference and other avoidance litigation, personal and real property sales, and exemption litigation;
  • Counsel to numerous parties with respect to successfully defending preference claims brought by various Chapter 7 Trustees within and outside of Maine; and
  • Counsel to individual debtor/real estate contractor and developer under Chapter 11.