Our commercial transaction and creditor rights and bankruptcy attorneys advise and represent the interests of owners, banks and other lenders, contractors, subcontractors, material suppliers and service companies in a wide range of contract issues and disputes including:
- Secured Transactions and Uniform Commercial Code ("UCC") collection, foreclosure, and litigation
- Commercial transactions
- Security agreements
- UCC Security Interests
- UCC-1 Financing statements
- Loan closings
- Banking and lender representation
- Commercial lease evictions and disputes
- Commercial litigation
- Business debt collection litigation
- Sales and Use Tax
- Judgment enforcement proceedings
- Garnishments, levies, attachments, and debtor’s interrogatories
- Domestication of judgments
- Representing creditors in bankruptcy
- Reclamation claims
- First day motions
- Meeting of creditors
- Motions for relief from the automatic stay
- Administrative claims
- Critical vendor motions
- Objection to discharge
- Motion to assume or reject leases and contracts
- Adversary proceedings
- Proof of Claim
- Bankruptcy preference defense
- Contemporaneous exchanges
- Subsequent advances
- Ordinary course of business
We have extensive experience in creditor’s rights, representing banks and other lenders, contractors and suppliers and other businesses. We help creditors with all manner of credit management, risk management and contract documentation, including Credit Applications, Credit Agreements, Proposals, Quotes, Guarantees, Lien Waivers, and Joint Check Agreements, Attorney’s Fee, Service Charge, Forum Selection clauses to lower your costs and motivate a debtor to pay; Notice and an Opportunity to Cure to protect against back charge claims; Limitations of liability to a return of the purchase price and Exclusions of Express and Implied Warranty; Limitations on Claims of Defect or Delay; and Trust Fund Agreements to protect against bankruptcy risks.
Secured lending is more profitable, by lowering the risk of default and the risk of non-collection. We assist clients in establishing security through Uniform Commercial Code Article 9 security interests and UCC financing statements. Creditors can also secure open lines of credit with real estate mortgages and deeds of trust.
Fullerton & Knowles, P.C. creditor rights lawyers will enforce your rights effectively on default, helping you to improve your position, with opportunities to obtain security, liquidate the account, apply payments and effective use of promissory notes. What if your customer makes you very nervous, but there is no default? Must you ship your goods? What is anticipatory breach and your right to require adequate assurance of payment before you ship? What are your rights to cure any default in your performance and avoid termination of your contract?
Public projects often require or promote disadvantaged business participation. We assist creditors in being creative and flexible to capture public work and increase minority participation, while minimizing the chance of default and avoiding insolvency issues. Fullerton & Knowles, P.C. business attorneys can assist clients doing business with disadvantaged business enterprises. It is important that arrangements will be recognized as legitimate disadvantaged business participation, but still provide the security necessary for manufacturers and suppliers to supply materials at their best pricing.
We have extensive experience in judgment enforcement procedures, including the right to a lien on real estate, garnishments, levies, attachments, and debtor’s interrogatories. We advise which procedures are the most cost effective and which are the most likely to succeed. We also domesticate judgments to and from other states.
We represent commercial creditors in contract matters and in forums for dispute resolution proceedings, including mediation, arbitration, administrative agency hearings, trials, and civil appeals before State and Federal Trial and Appellate courts of every kind, and in trials and hearings before Federal, State and Local government administrative or regulatory agencies throughout Virginia, Maryland, Pennsylvania and the District of Columbia and frequently in Arlington, Alexandria, Fairfax County, Loudoun, Prince William, Fauquier, Stafford, Fredericksburg, Spotsylvania, Henrico, Chesterfield, Richmond, Newport News, Hampton, Norfolk, Virginia Beach, Portsmouth and Chesapeake in Virginia; Montgomery County, Prince George County, Anne Arundel County, Charles County, Frederick, Howard County, the City of Baltimore and the County of Baltimore in Maryland.
Our bankruptcy lawyers represent creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims and appeals to the Federal district court and the Fourth Circuit Court of Appeals. The Firm has Appellate experience before the Federal Fourth Circuit Court of Appeals, the Supreme Court of Virginia, the District of Columbia Court of Appeals and the federal District Courts of Maryland and Virginia. We help clients protect themselves from customer bankruptcies. What should you do when you receive notice of a Bankruptcy filing? How does the Automatic Stay in Bankruptcy affect you? Understand the difference between Chapter 7 and Chapter 11 bankruptcies. We can help you file a Proof of Claim. What does the Creditor’s Committee do? Do you want to be a Member? Do you want to do business with a company in Bankruptcy? What are the risks of being a Critical Vendor? What should you do on Notice of Bankruptcy to protect from a bankruptcy preference claim later? We can help you understand Contemporaneous exchanges, Subsequent Advances and Ordinary Course of Business.