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Trade Creditor Representation

Overview

How can I protect myself if my customer declares bankruptcy? What happens if I am sued for a preference? These are the kinds of questions we field daily. Our clients trust us because we strive to meet their goals through preventative action, common sense and teamwork.

Varnum’s bankruptcy practice offers a broad range of commercial services to a diverse client base, including commercial businesses, banks, collection agencies, bankruptcy debtors, creditors’ committees, potential purchasers of assets and more. Because of this diversity, our services are varied. We handle:

  • In-court and out-of-court workouts
  • Bankruptcy proceedings
  • Secured transactions
  • Loan and security documents
  • Insolvency questions
  • Claim and delivery issues
  • Foreclosures
  • Collateral recovery and other related issues

Defense of "Avoidance" Actions

Varnum has handled hundreds of cases of this type over the course of many years on a local and national basis. We often appear as lead defense counsel in large avoidance cases in Delaware, where most large bankruptcy cases are filed.

Prosecution of Claims

Varnum helps clients file and defend claims in bankruptcy estates, when account debtors seek bankruptcy protection.

Core Bankruptcy Litigation

Varnum handles core bankruptcy litigation for clients, including:

  • Complaints objecting to the discharge of the debts of borrowers or account debtors who are guilty of fraud or other wrongdoing
  • Enforcing full disclosure by the debtor and enforcing the debtor’s obligation to propose reorganization plans in compliance with the law
  • Evicting debtors from non-residential real property when the debtor is in arrears

Basic Debt Collection Work

We help clients collect debts through litigation or, in appropriate cases, by less costly means. This work may (and often does) involve real estate foreclosures, personal property executions and other enforcement means.

Workout Planning

Varnum works with clients whose vendors—particularly critical vendors—become insolvent or announce plans to seek bankruptcy protection. This work often involves the daily monitoring of the troubled vendor, the negotiation of special stocking agreements and, if lenders are involved, subordination agreements and other mechanisms needed to assure an uninterrupted source of supply.

Varnum also works on a highly selective basis representing companies who need bankruptcy protection or who need assistance in workout negotiations with their secured lenders.

News & Publications

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