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Bankruptcy & Troubled Loans

Lender-borrower relationships present many challenges in a troubled economy. The pragmatism and creativity of our lawyers helps Otten Johnson’s Bankruptcy & Troubled Loans practice group provide efficient, results-oriented counsel to lenders and borrowers with issues related to creditors’ rights, loan modifications, workouts, foreclosures, distressed acquisitions and dispositions, financial restructuring and bankruptcies. While the primary focus of the practice has been lender representations, Otten Johnson has also represented numerous borrowers, debtors, receivers, creditors’ committees and trustees.

Our Approach:  Responsive, Efficient and Focused

Whether assisting a borrower to restructure a debt on an over-leveraged asset, or representing a lender in structuring a workout or in a foreclosure and litigation on a defaulted loan, our lawyers develop and apply strategies to achieve results with efficiency. We understand the importance of asking the right questions before attempting to provide answers. Taking full account of the history and documentation underlying a particular lender-borrower relationship, as well as the parties’ objectives and resources, we strive to identify solutions that go beyond the immediate crises and maximize the prospects for long-term success.

We guide clients toward solving credit-related problems, and help prevent these problems from arising in the first instance, if possible. Each lawyer in the Bankruptcy & Troubled Loans practice group brings proven experience in various areas of finance. Additionally, Otten Johnson’s depth as a multi-specialty firm allows an integrated approach to insolvency and related litigation, tax, corporate and real estate matters.

Lender-borrower issues demand unparalleled negotiation savvy. In matter after matter, the ability to hone in on and articulate complex legal issues makes the critical difference in achieving favorable client outcomes. To that end, identifying issues quickly and resolving those issues favorably are hallmarks of this practice group.

Our Bankruptcy & Troubled Loans practice group represents clients in many contexts, including:

  • deed-in-lieu transactions
  • loan restructurings, amendments and workouts
  • commercial collections
  • collateral recovery for secured creditors
  • receiverships
  • creditors’ committees in Chapter 11 cases
  • default, acceleration and forbearance issues for both lenders and borrowers
  • bankruptcy preference, fraudulent conveyance and other bankruptcy-related risks
  • acquisition and disposition of distressed entities, loans or assets
  • REO properties, including land use and development related issues
  • wind-downs and reorganizations

Otten Johnson’s highly respected Bankruptcy & Troubled Loans practice group receives accolades in the Colorado market and beyond for its responsive approach to legal issues and client needs. The attorneys are all highly regarded in their practice, and the group includes recognized experts who teach continuing legal education seminars on a variety of bankruptcy and creditors’ rights topics.

Primary Contact

Brennan, David T. photo

David T. Brennan

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Otten Johnson has assisted homebuilders with developing literally thousands of new housing units in Colorado and across the nation.

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