McAllister Garfield’s creditors’ rights practice represents clients in and out of court seeking payment, enforcing judgments, and foreclosing on real and personal property. Led by Sean McAllister and Dan Garfield, the firm provides practical and efficient solutions for its clients while aggressively pursuing rights and remedies through litigation and post-judgment actions.
The firm represents all types of creditors, including banks, nontraditional banking clients such as hedge funds, private equity, and private lenders, vendors, debt purchasers, and landlords. We handle disputes without the emotion associated with collections that can raise costs. Typically, the most cost-effective solution for a creditor is to negotiate a pay down of debt, release of the creditor’s collateral, or restructure of indebtedness. If negotiations do not provide an acceptable result, we enforce our clients’ judicial and statutory rights by initiating proceedings in state and federal courts.
The firm handles all manner of collection and creditors’ rights matters, including receiverships, pre-judgement attachment, post-judgment enforcement (writs of garnishment and execution), private and public sales of personal property, public trustee and judicial foreclosures, court-ordered asset sales, charging orders, fraudulent transfers, enforcement of mechanic’s liens, cognovit judgments, evictions, replevin, and bankruptcy (e.g., relief from stay, adequate protection, cash collateral, appointment of a trustee or examiner, reclamation, assumption/rejection of executory contracts, and involuntary bankruptcy cases),.
We also defend creditors in preference, fraudulent transfer, lender liability, and other matters.