Otten Johnson represents borrowers, lenders, landlords, secured and unsecured creditors, receivers, and trustees in workouts, restructurings, foreclosures, distressed transactions, and bankruptcy matters. Real estate sits at the center of this work, which reflects the firm’s depth in real estate transactions, finance, and land use. Every matter starts with a close look at the deal history and the parties’ positions, because the right strategy often turns on facts that only become clear from that review.
How we help
Workouts and loan restructurings
When a loan starts showing stress, the first work is usually to understand what is happening and what the parties’ options are. We represent both lenders and borrowers in loan restructurings, amendments, and workouts, along with default, acceleration, and forbearance issues. Deed-in-lieu transactions are part of this work when that path fits the situation.
Enforcement
When a workout is not the right path, the work shifts to enforcement. Our team handles, foreclosures, receiverships, other collateral recovery for secured creditors, and commercial collections.
Bankruptcy matters
We represent secured and unsecured creditors in all aspects of Chapter 11 cases. We handle reorganization and relief from stay proceedings, as well as common ancillary matters such as claim objections, preference and fraudulent transfer claims, and other adversary proceedings that arise from the lender borrower relationship.
Distressed real estate
The team has particular depth in distressed real estate, including the acquisition and disposition of distressed real estate, loans, and assets. Our work with REO properties draws on the firm’s land use and development capabilities when a property needs to be repositioned for sale or redevelopment.
Trouble in a credit deal rarely stops at the loan. A defaulted loan can involve workouts, foreclosure, bankruptcy proceedings, and the disposition of distressed real estate, sometimes all at once. The team’s job is to read the situation early, advise on the path that fits the client’s position, and bring in the firm’s real estate, finance, and litigation depth when the matter calls for it.
