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Creditors’ Rights Law

Legal Services for Your Creditors’ Rights Needs

Carter Conboy has decades of industry experience with the laws and regulations governing the establishment and enforcement of a creditor’s rights.  From the drafting of contracts and financial instruments to the enforcement and collection of judgments, our attorneys are skilled and experienced at protecting and enforcing your rights as a secured or unsecured creditor.

Accomplished Creditors’ Rights Attorneys

At Carter Conboy, our attorneys have an in-depth knowledge of the nuances affecting creditors’ rights. When a borrower or contracting party defaults on a promise to pay, clients trust us to protect their interests.  We evaluate your options and pursue remedies designed to produce the best return possible on your investments.  Whether you are a large corporation or a small-business owner, we have the experience required to handle your matter with competence and professionalism.        

Carter Conboy is home to attorney Michael J. Catalfimo, who has over three decades of experience representing creditors in the protection and enforcement of their legal rights.  Mike is an industry leader, having served on the Board of Directors of the American Legal and Financial Network since July of 2011 and as Board Chairperson from 2012 to 2017.  He is a frequent speaker on creditors’ rights topics, such as mortgage foreclosure, repossessions, collections, consumer protection laws, and bankruptcy.

Our Team Approach

Carter Conboy uses a niche-focused team of attorneys, paralegals, and support staff to meet the needs of our corporate and individual financial services clients.  Our experienced and industry centered group, when combined with our innovative use of technology, provides unsurpassed value and service to our creditors rights clients.

Our Creditors’ Rights Clients

At Carter Conboy, our team of attorneys represent a wide range of individual and institutional secured and unsecured creditors, including:

  • Asset purchasers
  • Businesses
  • Commercial banks and asset-based lenders
  • Contractors, developers and mechanic’s lien holders
  • Credit unions
  • Employers and employees
  • Equipment lessors
  • Foreign banking corporations
  • Guarantors
  • Individuals
  • Investors
  • Insurance companies
  • Manufacturers
  • Mortgage companies, lenders and servicers
  • Private banks and finance companies
  • Professional service providers
  • Property owners and landlords
  • Receivers
  • Real estate investors
  • Retail Businesses
  • Retail installment sellers and indirect lenders
  • Savings banks and loan associations
  • Shareholders and corporate officers
  • Shipping and Transportation Companies
  • Trade creditors
  • Trust companies

Comprehensive Creditors’ Rights Services

Our creditors’ rights attorneys offer creative, cost-effective solutions to protect your interests and achieve your objectives.  We represent secured and unsecured creditors in a variety of matters, including:

  • Alternative dispute resolution
  • Attachment and recovery of assets post-judgment
  • Bankruptcy matters, including stay relief motions, plan review, confirmation objections, valuation hearings, defense of avoidance and preference proceedings, and litigation
  • Breach of contract matters
  • Class action defense
  • Confessions of judgment
  • Consumer collections
  • Commercial collections
  • Curative title matters
  • Deed in lieu of foreclosure transactions
  • Defense of consumer claims under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Unfair, Deceptive and Abusive Practices Act (UDAAP) and other consumer protection statutes
  • Drafting, review, and enforcement of secured and unsecured loan instruments
  • Enforcement of leases
  • Foreclosure matters, including perfection, enforcement and litigation
  • Fraudulent conveyance suits
  • Garnishment
  • Loan purchases and sales
  • Loss mitigation
  • Litigation and appeals
  • Loan workouts, restructuring, and insolvency
  • Mechanics’ lien enforcement
  • Receiverships
  • Registration and enforcement of foreign judgments
  • Regulatory compliance
  • Replevin actions
  • Repossessions
  • Representation in state and federal courts throughout New York State
  • Short-sale and short-pay transactions
  • Tax lien redemptions
  • Turn-over proceedings
  • Uniform Commercial Code matters

Bankruptcy

From straightforward motion practice to complex litigation, our bankruptcy services team is trusted to deliver results regardless of the challenge. Our team provides an array of bankruptcy services, including:

  • Adequate protection motions
  • Adversary proceedings
  • Claim analysis, preparation and filing
  • Collateral valuation motions and hearings
  • Confirmation objections and hearings
  • Discharge and dischargeability suits
  • Litigation and appeals
  • Loss mitigation hearings
  • Mediation proceedings
  • Preference and fraudulent conveyance litigation
  • Reaffirmation agreements
  • Relief from stay motions
  • Stay violation motions and hearings

Foreclosure

Our professionals use their industry-focused skill set and technology-based workflow systems to manage foreclosure matters promptly and efficiently. Our comprehensive residential and commercial foreclosure services include:  

  • Actions on notes
  • Bad faith hearings
  • Bid strategy analysis
  • Code violation defense
  • Curative title solutions
  • Deeds in lieu of foreclosure]
  • Defense of lender liability claims
  • Deficiency judgment motions
  • Estate creation for deceased borrowers
  • Foreclosure settlement conference attendance
  • Foreclosure sale attendance
  • Judicial foreclosures
  • Litigation and appeals
  • Loan workouts
  • Loss mitigation solutions
  • Manufactured home foreclosures
  • Manufactured home title curative solutions
  • Post-judgment evictions
  • Preparation of pre-foreclosure notices and demands
  • REO sales
  • Representation in state and federal courts throughout New York State
  • Sale confirmation motions
  • Senior lien monitoring
  • Short-sale and short-pay transactions
  • Tax lien redemptions
  • Title examination
  • Title claim preparation and prosecution
  • Vacant and abandoned property compliance and litigation matters
  • Writs of assistance

Replevin

Carter Conboy’s team of attorneys and support staff address the needs of lenders and lien holders in the repossession and recovery of valuable collateral. From preliminary recovery remedies to injunctions to post-judgment transfer of assets, our experienced industry group knows the law, understands the procedures, and is practiced in and out of the courtroom to recover your assets successfully.  Among the many items of personal property we have recovered for our clients, are:

  • All-terrain vehicles (ATVs)
  • Boats
  • Consumer goods
  • Industrial equipment
  • Jet-skis
  • Manufactured homes
  • Motorcycles
  • Motor vehicles
  • Office equipment
  • Snowmobiles
  • Well-drilling rigs
  • Winnebagos

Loss Mitigation

Our creditors’ rights attorneys understand the cost/benefit analysis which drives our clients’ business decisions.  In some instances, a loss mitigation option can make more sense for a creditor than a litigation option.  We offer a full range of loss mitigation and loan workout services to our clients who want or need them, including:

  • Bankruptcy loss mitigation representation
  • Cash for keys agreements
  • Deed-in-lieu of foreclosure agreements
  • Discounted loan payment agreements (short-pays)
  • Extension agreements
  • Foreclosure settlement conference representation
  • Forbearance/repayment agreements
  • Modification agreements
  • Short-sale agreements

Collections

Debt collection can be time consuming and frustrating.  And if not done properly, it can expose a creditor to liability under various federal and state laws and regulations.  As experienced New York debt collection attorneys, Carter Conboy has collected hundreds of thousands of dollars for businesses and individuals.  Our services are wide-ranging and customized to meet your needs.  Typical collections matters handled include:

  • Accounts receivable litigation
  • Actions on promissory notes
  • Domesticating and collecting foreign judgments
  • Contract breaches
  • Judgment collections
  • Loan defaults
  • Mechanic’s liens
  • Surety claims
  • Unpaid rent claims

Litigation

At Carter Conboy, we understand that lawsuits threaten more than our client’s business operations and finances.  With word of mouth and the web of influential social media, a wrong or misconstrued message can cause serious damage to a hard-earned reputation. When managing banking and finance matters, therefore, our attorneys endeavor to devise strategies which mitigate against reputational risk.   

Although alternative dispute resolution can be beneficial, it is not always possible.  When litigation is necessary or simply the best path, Carter Conboy delivers a team of skilled litigation professionals to enforce your rights and protect your interests.  Our attorneys have decades of experience litigating conflicts concerning the rights of creditors and debtors, including:

  • Banking, mortgage or lender liability claims
  • Breach of contract matters
  • Business torts
  • Corporate, partnership or ownership disputes
  • Construction litigation
  • Consumer protection claims
  • Deficiency judgment claims
  • Fraud claims
  • Landlord-tenant disputes
  • Real estate contract, warranty and tort claims
  • Shareholder derivative actions
  • Uniform Commercial Code claims

For further information on our litigation practice, please visit our Banking & Financial Services Law page.

Innovative Technology

Carter Conboy uses state-of-the-art case management systems which allow for streamlined, prompt, and cost-efficient management of high-volume creditors’ rights matters without sacrificing quality or results. We also understand the importance of our client’s bottom line, and regularly provide data analytics and reporting based on specific measurements most important to our client’s business.

The American Legal and Financial Network (ALFN)

As a member of ALFN, Carter Conboy is on the forefront of groundbreaking strategic approaches, quality education, innovation, and change in the mortgage banking and financial services industry, allowing us to provide our clients with unsurpassed legal representation. The American Legal & Financial Network (ALFN) is the largest national network of law firms and service providers dedicated to mortgage banking and financial services law and litigation.   

Read more about the value-added benefits our ALFN membership provides our clients.

Beyond Creditors’ Rights

At Carter Conboy, we are able to support you beyond your creditors’ rights matters. Our team of experienced and dedicated attorneys, combined with our diversified practice spanning 20 industries and 40 service areas, have you covered. From preparing your will, to defending you in litigation, to protecting your business interests, the strength of our team is the answer to your many legal needs.