Practice Areas

Bankruptcy / Creditors' Rights

The Phoenix, AZ, business bankruptcy lawyers at Jennings, Haug & Cunningham, LLP represent the interest of businesses in the bankruptcy process.

Creditors’ Rights

The creditors’ right attorneys at Jennings, Haug & Cunningham, LLP, represent the interest of creditors, including sureties, lessors, real and personal property lenders, financial institutions, judgment creditors, trustees and unsecured creditors’ committees. We work with clients to limit their financial exposure, to protect their rights to payment and collateral, and to help them recover their losses. The Firm’s representation of creditors varies from pursing the recovery of collateral to pursuing $100 million plus claims in construction company bankruptcy cases to representing the post confirmation liquidation agent in the Baptist Foundation case, where over $400 million was recovered for unsecured creditors. We assist clients by:

• Representing clients in state and federal Court litigation.
• Seeking prejudgment remedies to recover collateral and preserve assets.
• Obtaining appointment of receivers and administration of receiverships.
• Initiating post-judgment collections.
• Investigating and attacking fraudulent transfers by debtors.
• Negotiating non-bankruptcy workouts and restructurings.
• Analyzing debtors' assets and liabilities.
• Negotiating with debtors before and after bankruptcy filing regarding use of cash collateral, debtor-in-possession financing, sales and use of assets, and plan treatment.
• Protecting rights to collateral, including contract proceeds, leased equipment, personal property and real property.
• Litigating cash collateral disputes, stay relief matters, non-dischargeability of debts, lien priority issues, assumption or rejection of leases, and plan of reorganization confirmation issues.
• Preference and fraudulent transfer litigation.
• Formulating creditors plan of reorganization.
• Representing Trustees in both Chapter 11 and 7 bankruptcy cases.
• Representing Unsecured Creditors and Equity Committees.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

As a Firm policy, Jennings, Haug & Cunningham is not a "debt relief agency" as set forth in 11 U.S.C. Section 101 (124) and 528.  Accordingly, the Firm has adopted a policy and its lawyers do not advise or represent consumers in filing petitions for bankruptcy relief for the purpose of discharging consumer debt.