Practice Areas

Commercial Creditor’s Rights

We assist financial institutions and commercial contract counter-parties in recovering unpaid obligations, beginning with pre-litigation negotiations and continuing through the post-judgment collection processes.  Our services include the following: 

• Negotiation and memorialization of workout arrangements, including forbearance agreements. 
• Uniform Commercial Code.  We can assist creditors will all aspects of secured transactions under Article 9 of the UCC, including:
• Proper attachment and perfection of UCC security interests.
• Enforcement of rights under the UCC following default, including recovery of collateral.
• Advising clients regarding UCC sale requirements after retaking possession.
• Deficiency actions following disposition of collateral. 
• Non-judicial foreclosure.  We advise lenders secured by real property in complying with Nevada law concerning enforcement of deeds of trust. 
• Judicial foreclosure.  When non-judicial foreclosure is not available, we can assist creditors in commencing litigation to judicially foreclose on real estate collateral. 
• Attachment and Garnishment.  We can assist creditors involved in litigation in taking possession (actual or constructive) of assets to ensure that a judgment is enforceable once obtained. 
• Litigation and collections.  We file lawsuits in our State and Federal courts to enforce payment obligations. 
• Priority disputes.  We assist creditors in resolving conflicts regarding the extent and priority of liens. 
• Receiverships.  When a non-judicial foreclosure is pending, or where there may be a risk to personal property collateral, we can assist creditors in having a court-appointed neutral third party appointed to safeguard assets. 
• Enforcement of judgments.  Once a judgment is obtained, we assist creditors in proceedings to compel payment, including the forced liquidation of assets. 
• Enforcement of sister-state judgments.  We can assist out-of-state creditors in domesticating and enforcing in Nevada judgments obtained in other states. 
• Enforcement of foreign-country money judgments.  We can assist foreign national creditors in obtaining recognition of judgments entered in other countries so that they may be enforced in Nevada. 
• Fraudulent conveyance and preferential transfers.  We can assist creditors in defending actions alleging that they received avoidable transfers, and use these same tools to recover the value of assets transferred by debtors without consideration.