Loan transactions range from simple term loans or lines of credit to complex, multi-tiered lending transactions that include a variety of credit/collateral accommodations. Sales of goods and businesses are frequently made on credit terms. To enhance the collectability of these debts, preserve creditors’ rights in the event of the borrower’s financial downturn and to achieve our clients’ goal of successfully closing loans and sales transactions, our attorneys have significant expertise with regard to all aspects of UCC Article 9.
We advise secured lenders in the creation, perfection and maintenance of their security interests (and the priority of such security interests) involving all types of collateral, including equipment, inventory, accounts receivable, investment property, instruments, intangible property and fixtures. We advise clients regarding events unique to secured transactions, which have an impact on the continued perfection or priority of their security interests, including changes in the name or location of the debtor, assignments and transfers of collateral, maintaining purchase money liens over after-acquired property interests and many other matters.
Our lawyers are skilled in the preparation and negotiation of subordination agreements and inter-creditor agreements to protect our clients’ interests in shared collateral. We have extensive expertise in assisting clients with the enforcement of their security interests, including the repossession of collateral and foreclosure sales and other dispositions under UCC Article 9.
Our firm’s experience in handling secured transactions is complemented by our bankruptcy practice representing secured creditors in all aspects of reorganization, asset sales and other workout proceedings.