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Creditor’s Rights


Issues involving creditors’ rights can present unique legal challenges for parties on both sides of debt transactions. From restructuring debt outside of bankruptcy to enforcing liens and executing real and personal property foreclosures, parties on both sides must take a strategic approach to protecting their financial interests while maintaining a long-term perspective.

In our creditors’ rights practice, we represent banks and other commercial and institutional lenders as well as businesses and individuals in all aspects of complex debt restructuring, foreclosure and bankruptcy proceedings. We take a consultative approach which emphasizes putting all options on the table and then helping our clients choose the best path forward. Whether that means initiating collection proceedings, negotiating a workout or seeking protection in bankruptcy court, we provide insightful advice and personalized representation focused on securing a favorable and cost-effective outcome as efficiently as possible.

Shelby, MT Lawyers Representing Creditors and Debtors Statewide

Our attorneys represent creditors and debtors in formal court proceedings and informal private-party negotiations involving:

Debt Collection/Debt Restructuring and Workouts

We represent consumer and commercial creditors and debtors in all aspects of debt collection, debt restructuring and workout negotiations. This includes ensuring compliance with the Montana Fair Debt Collection Practices Act and other applicable state and federal laws, initiating and challenging formal legal proceedings, and crafting settlement agreements that are custom-tailored to the unique circumstances of each individual client’s case.

Lien and Bond Claims

We represent lienholders, bondholders, contactors, subcontractors, suppliers and other clients in a broad range of public and private lien and bond matters. Our attorneys have particular experience dealing with lien and bond issues in the oil and gas industry, including issues related to construction liens, mechanic’s liens, payment and performance bonds, pre-filing notifications, statutory compliance, and related matters.

Real and Personal Property Foreclosures

When other efforts at resolution fail, creditors can be left with little choice but to move forward with filing for foreclosure. We represent clients in consumer and commercial foreclosures involving real and personal property, including residences, office and retail buildings, warehouses and industrial facilities, vacant land, machinery and equipment, and other assets.

Bankruptcy

Our bankruptcy practice consists of representing creditors in Chapter 7, Chapter 11, Chapter 13 and other bankruptcy proceedings. We advise clients at all stages of the process, from eligibility determinations and pre-bankruptcy planning to developing payment plans and seeking appropriate relief in court. We help individual and commercial debtors evaluate the viability of alternatives to bankruptcy as well; and, on the creditor side, we work diligently to offer creative solutions designed to help our clients collect as much as possible.

Speak with an Experienced Creditors’ Rights Attorney in Shelby, MT

If you would like more information about our services, or if you have questions about the bankruptcy or foreclosure process in Montana, we encourage you to contact us for an initial consultation. To speak with one of our experienced creditors’ rights attorneys in confidence, please call our Shelby, MT law offices at 406-434-5244 or request an appointment online  today.