Creditors' Rights

Sands Anderson PC's creditors' rights practice is one of the leading groups in the Mid-Atlantic region of the United States. Our team includes the past chair of the Board of Governors for the Bankruptcy Section of the Virginia State Bar, the current and past chairs of the Bankruptcy Section of the Richmond Bar Association, a Chapter 7 bankruptcy panel trustee, a Certified Public Accountant, and former judicial law clerks. 

The Creditors' Rights Team members have been recognized in Best Lawyers in America, Virginia Legal Elite, and Virginia Super Lawyers. Our knowledge of creditors' rights law and breadth of experience, coupled with the ability to draw upon complementary practices within Sands Anderson, enables us to provide a full range of creditor's rights services to our clients.  We have represented a variety of creditors including: lenders, businesses of all sizes and across numerous industries, insurance companies, individuals, licensed professionals, landlords, and governmental units. 

Our areas of expertise include:

  • Workouts, Collections and Recovery
  • Creditor Advocacy during Bankruptcy
  • Commercial Foreclosures
  • Trustees and Receiverships
  • Compliance
  • Defense of Creditors, Collectors, and Attorneys

Workouts, Collections and Recovery

The Creditors' Rights Team assists clients in all aspects of recovery of funds and property, from out of court workouts and financial restructuring to civil litigation and judgment enforcement.  We advocate for our creditor clients in the state and federal courts, including bankruptcy courts throughout the Mid-Atlantic region.  Additionally, we proactively assist our clients, even before default, with effective contract and application drafting, compliance, securitization, lien perfection, and negotiations. 

Our collection efforts also focus on assessment of realistic recovery potential, including investigation and analysis of a debtor's assets, liens, competing creditors, and financial situation.  We seek to secure and advance our clients respective position as a priority creditor. When necessary, we are prepared to assist our clients to pursue fraudulent transactions, piercing of the corporate veil, and similar theories to effectuate a recovery from evasive debtors and their transferees.  We are equipped to efficiently handle contested and high-stakes recovery as well as more routine collection issues.

Creditor Advocacy During Bankruptcy

In the event the debtor files bankruptcy, we represent a variety of creditors through all stages of the debtor's bankruptcy process.  Our team is highly experienced in representing creditors and creditors' committees including, but not limited to: adversary proceedings, proofs of claim, objections to discharge, objections to plan confirmation, motions for relief from stay and a variety of other processes available to creditor(s).  We understand the strategies used by parties during loan workouts, collections and bankruptcy, which enables us to maximize recovery for our clients.  We serve as counsel to numerous creditors' and ad hoc committees. Additionally, we have served as counsel to committee members, including the chairs of those committees.

Commercial Foreclosures

We handle commercial foreclosures, and routinely serve as trustees overseeing the entire foreclosure sale process through closing.  Because of the breadth of our experience, if the foreclosure sale is postponed due to a bankruptcy filing or litigation, we are equipped to protect our creditor clients' interests in the judicial forum.

Trustees and Receiverships

We also represent Chapter 7 Trustees in collecting and selling assets that are property of the bankruptcy estate.  We are available to serve also as Special Counsel and are qualified to serve as court-appointed trustee or receiver or trustee. 

At the request of the Securities and Exchange Commission (SEC), a team member serves as the court-appointed receiver in two large Ponzi Scheme cases.  As receiver, we seek to recover assets and return them to defrauded investors.

Compliance

The litany of state and federal laws related to lending, consumer protection, debt collection and creditor reporting makes compliance an important and ever-developing issue for creditors, collectors, legal and financial professionals.  Our Creditors' Rights Team is prepared to assist clients with credit industry compliance issues before, during, and after they arise, including contract and form drafting, transactions, credit application, in-house procedures, litigation, enforcement, defense and recovery.

Defense of Creditors, Collectors, and Attorneys

Our intimate understanding of the credit and collections industry also allows us to provide excellent defense to creditors, collectors and other attorneys in defending a wide range of actions, claims, counterclaims and investigations brought for alleged violations of various state and federal debt collection laws such as the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), and the Servicemember's Civil Relief Act (SCRA).  We also defend clients against preference actions, sanction actions, violations of the automatic stay in bankruptcy, and collection malpractice actions.

Start a Conversation – Contact our Creditors' Rights

Our team of Creditors' Rights and support staff are experienced in handling cases like yours. You will benefit from our experience. We have Creditors' Rights in our offices throughout Virginia and North Carolina. Find an office near you.





Creditors’ Rights attorneys include:





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