Bankruptcy and Creditor Rights
Even the best-laid business plans can go awry, and when that happens you want experienced lawyers who can act quickly and decisively on your behalf to make sure you have the right strategy to weather the storm, whether as a debtor or creditor.
Crain Caton & James’ practice includes a wide range of commercial bankruptcy cases, including both reorganizations and liquidations. We have experience representing both secured and unsecured creditors, landlords and tenants, bankruptcy trustees and official creditor committees. Our practice also includes representation of individual and corporate debtors in complex reorganizations, including substantial experience in real estate reorganizations.
A significant part of our practice is representing financial institutions and other lenders when bankruptcy stays enforcement of their rights. Our Houston bankruptcy attorneys have extensive experience navigating the process to protect collateral and enforce our clients’ security interests. We have argued cases for secured creditors in both the Texas Supreme Court and the United States Supreme Court.
Businesses that are not creditors find themselves brought into the bankruptcy process when they are sued for recovery of preferences or fraudulent transfers. Defending bankruptcy claims is therefore an important part of our practice. Our clients often find valuable opportunities to purchase assets from a bankruptcy trustee or debtor in reorganization. The acquisition process can move quickly and requires a broad range of expertise, which we meet with a team experienced in corporate and real estate transactions as well as the bankruptcy process.
Our Texas bankruptcy practice also includes planning and litigation in anticipation of bankruptcy – or as an alternative to bankruptcy. We represent judgment creditors in post-judgment matters such as the creation and foreclosure of judgment liens, issuance of writs of execution and garnishment, fraudulent conveyance actions, turnover proceedings and post-judgment depositions. Our attorneys are also experienced in the domestication and collection of foreign judgments, and the enforcement of the judgments of Texas in the courts of other states. We also represent court-appointed receivers.
H. Miles Cohn
Michelle V. Friery
Peter C. Smart