Bankruptcy & Creditor Rights

Businesses sometimes face the harsh realities that arise when working with insolvent or uncreditworthy customers, clients, and counterparties. Members of Cokinos, Bosien & Young’s Bankruptcy and Creditor Rights Section understand the unique challenges and complexities associated with representing clients who seek to protect their rights in the face of diminishing assets and competing claimants. Cokinos, Bosien & Young offers clients 20 years of experience navigating the difficult and muddied waters of creditors’ rights or bankruptcy disputes, and uses all the resources gained during that time to achieve a favorable resolution for our clients.

In a given case, our client’s interests may be maximized through an “out-of-court” workout that does not involve litigation or a formal bankruptcy proceeding, or may be served by invoking the remedies available only in court. Cokinos, Bosien & Young attorneys pride ourselves on retaining and exploring all possibilities to satisfy our clients’ rights. Our practice includes prosecuting litigation to satisfy judgments, pursuing extraordinary pre-judgment relief, such as sequestrations, attachments, and garnishments, and utilizing the bankruptcy systems’ mechanisms to preserve our clients’ rights. Several of our lawyers are also experienced in conducting post-judgment discovery, and using the law efficiently and effectively to collect judgments once an award is obtained. We also defend clients nationwide against actions by debtors, trustees, and creditor committees to raid payments claimed to be voidable preferences, and initiate adversary proceedings where appropriate to aggressively pursue obligations owing to our clients.

Our bankruptcy and creditor rights attorneys assist our creditor clients with every step of the process. We offer our experience to the firm’s corporate, transactional, and litigation attorneys, offering assistance in planning for possible liquidity issues. If it becomes necessary, we represent clients throughout the workout and bankruptcy processes. We can provide clients the breadth of representation and experience necessary to form a complete analysis of the client’s posture relative to competing creditors, and we can effectively advocate on our clients’ behalf during adversary proceedings.

The firm’s attorneys draw from an extensive history working in complex creditor actions to offer a comprehensive assessment of our clients’ rights and likelihood of success. Our counselors have represented secured and unsecured creditors, creditors committees, and bankruptcy trustees, and have been retained as special counsel in complex bankruptcy proceedings. We have published academic articles for publication, taught and made presentations at business and bar associations, and offered opinions in international credit journals on a variety of bankruptcy and creditors rights topics. Our attorneys routinely handle a broad variety of creditors rights and bankruptcy matters, pending in numerous states.

Attorneys in our Bankruptcy and Creditor Rights Section provide value to our clients by maximizing the prospect and amount of any recovery against a debtor or party, while minimizing the prospect and amount of any claim that might be asserted against the client. And we utilize our extensive expertise and diligence throughout the legal process to achieve these goals for our clients.

Recent Publications

Creative Uses of Declaratory Judgment in the Construction Litigation Context
John L. Grayson

The Impact of Bankruptcy on the Construction Industry: What To Do When a Party on a Construction Project Goes Bankrupt
Craig E. Power