Robert E. White

Creditors Rights

We have handled many cases on behalf of creditors in which we obtain provisional (pre-judgment) remedies such as writs of attachment and writs of possession, with the objective of securing our clients’ claims and recovering their property even before cases proceed to trial. The need for such relief has become all the more pressing as court budgets continue to shrink and it becomes increasingly difficult to get cases to trial quickly.

We also handle many enforcement of judgment cases, often being brought into the case after trial counsel has obtained a judgment. Our remedies work includes orders of examination, the imposition of judgment liens, alter ego litigation, obtaining charging orders, fraudulent transfer litigation, and complex enforcement scenarios, including the sale of occupied residential real property in addition to more conventional enforcement through writs of execution.  We have also successfully enforced both sister-state and foreign country judgments.

We also represent creditors in bankruptcy in connection with matters such as motions for relief from the automatic stay (to assist our clients in realizing on any security interest they have or which we may have helped them achieve prior to bankruptcy), in connection with fraudulent transfer litigation and non-dischargeability litigation.

We on occasion also handle collection defense matters. The firm’s collection practice has also benefitted from our background in appellate litigation (see this link for a description).