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Article 9 Rights, Remedies, Foreclosures, Receiverships

Nationally Recognized Experience in Secured Transactions Law

Our team has nationally recognized experience in secured transactions law and the rights and duties of secured creditors, lenders, and borrowers.  We have extensive knowledge about how to create and perfect liens on any type of collateral or assets wherever located, including techniques to prevent borrowers from hiding assets or avoiding our client’s lien rights.

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Our Experience

$50 Million Complex Fraudulent Transfer Case Dismissed with Prejudice Case Study
Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.
Market-Leading Practice

Defined by our ability to handle any credit situation in any sector

Representation of Lender in Disputed Sale-Leaseback Transaction in Bankruptcy of Coal Company Case Study
Mintz represented Bay Point Capital Partners, LP in investigations pertaining to its financing of a prepetition sale-leaseback transaction related to the bankruptcy case of Mission Coal Company, LLC. Our attorneys negotiated a settlement that protected the lender’s interests and made it whole.

Our Approach

Whether representing lenders or borrowers in court or at the negotiation table, our wide-ranging experience allows us to leverage optimal results for our clients.

Latest Secured Lending Techniques

We have capabilities in the latest secured lending techniques, including, for example, secured lending using intellectual property as collateral in connection with so-called “royalty monetization” transactions. We are also deeply conversant in how to preserve, protect, and enforce a secured party’s rights and remedies against collateral, such as collection and foreclosure of the borrower’s assets.

Comprehensive Knowledge

We have used our comprehensive knowledge of out-of-court foreclosure sales, receiverships, and assignments for the benefit of creditors to accomplish the same goals and results as much longer and more expensive in-court legal proceedings such as bankruptcy and state court liquidations.

Borrower Clients

For our borrower clients, we know where to look for common mistakes made by secured parties which may invalidate their liens or result in collection defenses. We also know the law concerning lender liability and know when a lender has crossed the line.

What Our Clients Are Saying

Meet Mintz

Our skilled attorneys collaborate with you to determine if Article 9 is your best option. If it is, we'll help you protect your interests in a Title 9 transaction.

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