Creditors' Rights

No commercial lender of any consequence achieves a 100% success rate with its borrowers. When the quality of a credit begins to deteriorate, you know how critical it is to find knowledgeable legal counsel ready to assist in evaluating workout options, security interest enforcement rights and bankruptcy risks. Bean, Kinney & Korman has long been recognized in the Washington metropolitan lender community for its skill in every aspect of creditors' rights enforcement.

Before launching into collection litigation, we take the time to assess the lender's options and exposure. We want to be certain that opportunities to improve our client's position or to minimize the risk of a lender liability claim are not lost in a rush to the courtroom. Our understanding of how to build the strongest case in court gives us the edge in documenting forbearance agreements and other loan workout structures.

Conversely, the firm's extensive representation of lenders in making loans enhances its strength in credit enforcement. When a lender needs to move quickly to protect its position, it will not be delayed by any lack of experience on Bean, Kinney's part in dealing with title issues, lien perfection questions, environmental considerations, zoning matters, corporate authority issues and surety bond enforcement.

We offer a full range of credit enforcement tools: pre-judgment attachment, asset seizure, rent capture, foreclosure, asset liquidation, collection litigation, enforcement of guarantor and surety obligations, garnishment, setting aside fraudulent and voluntary conveyances, execution on judgments, and bankruptcy representation.

Bean, Kinney is especially well-regarded in the bankruptcy arena. Our attorneys regularly appear in all bankruptcy courts sitting in Virginia, Maryland and the District of Columbia, and are active participants in the bankruptcy Inns of Court program. Among debtors' counsel, the firm has earned a reputation as hard-nosed, assertive and prepared to aggressively pursue the lender's interests, whether by obtaining cash collateral protection, relief from stay or favorable reorganization plan terms.

We have enjoyed the confidence of regional and national lenders and asset portfolio managers as a law firm that consistently delivers value to the process of maximizing our clients' return in distressed circumstances. We understand the lending environment and never lose sight of the business considerations that are at the heart of credit enforcement strategy. If you have credit enforcement needs that demand accessible, timely and comprehensive legal services, we believe Bean, Kinney & Korman is an invaluable resource.