Creditors' Rights

The experienced team of attorneys at Jennings Haug Cunningham assists businesses with a full range of creditor rights' and bankruptcy services, representing the interests of creditors, financial institutions, debtors, trustees and committees.

Our creditors' rights attorneys represent individual and institutional clients, including national and local lending institutions, sureties, asset-based lenders, equipment lessors, judgment creditors, trustees and unsecured creditors' committees. We work with our clients to limit their financial exposure, protect their rights to payment and collateral, and help them to recover their losses.

Our attorneys have been actively engaged in major proceedings throughout the region, representing clients in various industries, including construction, manufacturing, equipment leasing, real estate, health care, retail and agriculture. This representation involves:

  • Representing clients in state, federal and bankruptcy court litigation
  • Seeking prejudgment remedies to recover collateral and preserve assets
  • Obtaining appointment of receivers and administration of receiverships
  • Initiating post-judgment collections
  • Investigating and attacking fraudulent transfers by debtors
  • Negotiating non-bankruptcy workouts and restructurings
  • Analyzing debtors' assets and liabilities
  • Negotiating with debtors before and after bankruptcy filing regarding use of cash collateral, debtor-in-possession financing, sales and use of assets, and plan treatment
  • Protecting rights to collateral, including contract proceeds, leased equipment, personal property and real property
  • Litigating cash collateral disputes, stay relief matters, non-dischargeability of debts, lien priority issues, assumption or rejection of leases, and plan of reorganization confirmation issues
  • Preference and fraudulent transfer litigation
  • Formulating creditors plan of reorganization
  • Representing Trustees in both Chapter 11 and 7 bankruptcy cases
  • Representing Unsecured Creditors and Equity Committees
  • Adversary actions

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

As a firm policy, Jennings Haug Cunningham is not a "debt relief agency" as set forth in 11 U.S.C. Section 101 (124) and 528. Accordingly, the firm has adopted a policy and its lawyers do not advise or represent consumers in filing petitions for bankruptcy relief for the purpose of discharging consumer debt.

Attorneys

The Arizona Creditors' Rights attorneys of Jennings Haug Cunningham are: Mark Barker, John Sinodis, Chad Schexnayder, Matthew Sloan, Bill Haug, Edward Rubacha, Brian Myers, Joseph A. Brophy, and Robert J. Lamb.

Contact the Arizona Creditors' Rights lawyers at Jennings Haug Cunningham. We serve businesses throughout the state of Arizona, including greater metropolitan Phoenix, Tucson, Flagstaff, Yuma and Prescott; and accept select cases elsewhere in the southwest United States, including California and Colorado.

Jennings Haug Cunningham is the Arizona LEAN (Lease Enforcement Attorney Network) member firm, a nonprofit organization of law firms that represent clients with needs in enforcement of lease obligations.

Recent articles by our lawyers on current creditor's rights legal matters.