Cain & Skarnulis understands the dynamics of the debtor/creditor relationship and works with its creditor clients from the beginning of an engagement to gain leverage and maximize the chances for recovery. We have represented secured and unsecured creditors in a variety of collections-based actions including real and personal property foreclosures, actions on notes and guarantees, receivership proceedings, adversary proceedings and contested matters in bankruptcy, and other actions to protect and preserve collateral. Creditor clients of the firm include state and local banks, asset-based lenders, construction companies, product manufacturers, and energy industry suppliers. C&S also defends creditors from collection-related counterclaims including wrongful foreclosure, breach of contract, and usury.
Blair’s article is a good read for lawyers on both sides of the “v.” It gives important advice, such as, “Avoid alleging facts that cannot be supported at trial. Plead consistent with your facts and with enough detail to get the right parties to the table. An insurer with a defense but no indemnification obligation may hamper settlement discussions.”