Macfarlane Ferguson & McMullen is involved in all areas of creditors’ rights and bankruptcy practice. Its bankruptcy attorneys help protect the rights of clients in both state court and bankruptcy court as well as in out-of-court restructurings. In commercial cases under chapter 11, the Firm represents creditors in areas including negotiating payment arrangements, reclaiming collateral, defending alleged preferential and fraudulent transfers, providing post-petition financing, representing creditors committees, and seeking dismissal of chapter 11 cases. As part of the Firm’s practice, it also represents purchasers of assets of bankruptcy estates.
In consumer cases, the Firm’s bankruptcy attorneys represent creditors in obtaining adequate protection, lifting the automatic stay to recover collateral, objecting to the discharge of debts, and objecting to claims of exempt property. They also represent landlords in landlord-tenant matters arising in both large commercial cases and consumer cases.
Although the majority of the Firm’s bankruptcy work is on behalf of creditors, it regularly represents both commercial and consumer debtors. In addition to traditional areas of bankruptcy practice, the Firm’s bankruptcy attorneys work with lawyers in other fields, assisting and advising them when bankruptcy issues impact on their clients.
In the non-bankruptcy area, the Firm handles all types of collection matters. These include foreclosures of commercial and residential property, actions on secured and unsecured promissory notes, and prejudgment actions to replevy property. Its attorneys utilize computer databases to locate debtors and their assets and to pursue post-judgment collection efforts. The Firm has represented creditors in litigation involving assets which have been transferred to defraud creditors.
The broad experience of the firm’s bankruptcy attorneys, and the sophisticated resources and staff available to them, help the attorneys provide its clients effective representation concerning bankruptcy and creditors’ rights matters.