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Banking,
Bankruptcy & Creditor's Rights
Danna
McKitrick's clients receive prompt and attentive representation
in all aspects of loan documentation and insolvency law.
Loan
Documentation
To improve the likelihood of repayment right from the start, we
analyze proposed business transactions, such as purchases, sales
or financing, for potential bankruptcy issues. We evaluate the collateralization
of loans to determine whether it will be accessible in the event
of default.
Many
lenders use software to provide documentation for notes, but these
won't adequately address intricacies that could affect your ability
to enforce repayment. It is important that you seek counsel when
certain red-flags are raised.
Some
potential red-flags:
- Loan
exceeds a certain amount
- Construction
financing (or whenever the collateral isn't "there"
yet)
- Borrower
is out-of-state
- Collateral
is out-of-state
Once
loans are established, monitoring them is imperative. A decline
in the performance of borrowers can indicate a need to renegotiate
terms. Establishing the right to conduct this sort of renegotiation
prior to making the loan is optimal, but we may still be able to
help if that wasn't initially done. We also help with pre-bankruptcy
audits when it looks like bankruptcy is imminent.
Bankruptcy
Our Bankruptcy Law Team represents creditors, both secured and unsecured,
and creditor committees, as well as debtors. We provide this representation
both in formal bankruptcy cases or receiverships and private workouts.
We also represent business clients who find it advantageous to purchase
assets or sometimes entire companies out of bankruptcy. Our corporate
and bankruptcy lawyers work together closely to seek the best possible
results for our clients.
Tom
DeWoskin, our Bankruptcy practice group leader, serves on the panel
of Bankruptcy Trustees for the Eastern District of Missouri
a position he has held for over 20 years.
Workouts
and Foreclosures
Our attorneys represent you in loan restructurings and workouts.
We negotiate standstill and forbearance agreements for clients in
high-risk situations, and are involved in all aspects of foreclosure
and high-value commercial collection. We will aggressively seek
to recover repayment for you.
For
serious lending and bankruptcy representation, look no further than
Danna McKitrick.
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