When financial obligations are responsibly handled, everyone is happy, and everyone wins: the borrowers, the creditors, the collections agencies and the economy as a whole. But what happens in an economic downturn – such as the recession of 2007-2008 – when creditors find themselves with entirely too much debt that is not being repaid? Suddenly, being a creditor or a lender means being the most unwelcome attendee at the party. Creditors are no different from consumers in many regards. Financial institutions, lenders and other creditors in that they too may sometimes require legal representation, legal protections and other resources as they strive to initiate collections and attempt to recover payment from those with loans and credit lines.

Particularly in difficult economic times, creditors face challenging scenarios that may include wrapping up what once were important and beneficial business relationships due to the inability or unwillingness of the partner to fulfill their obligations. Creditors have legal rights that are crucial to enforcing debt instruments, guaranties, and security deeds. If they are going to lend funds in the future to other business enterprises and individuals, it is critical for a bank or creditor to enforce their current contracts effectively or otherwise settle outstanding obligations with their debtors.

At Hecht Walker, P.C. in Atlanta, Georgia, our bank and commercial creditor lawyers are recognized as one of the top bank and creditor practice groups in the south. In fact, our bank and commercial creditor attorneys are recognized nationally as lawyers with substantial knowledge and experience in bank and commercial creditor legal advocacy and representation. The firm represents secured and unsecured creditors, debtors, creditors’ committees, landlords, and bankruptcy trustees, regularly handling all of the aspects of complex bankruptcies, workouts, reorganizations, debt restructurings, creditors’ rights and remedies, loan enforcement, and asset sales and acquisitions.


We work with our lender-clients with the goal of resolving a loan or other financial matter before bankruptcy can enter the picture. If a resolution is unavailable and a bankruptcy is filed, an experienced Atlanta bank and commercial credit attorney with Hecht Walker, P.C. can represent the creditor within the bankruptcy action to secure the creditor’s rights. If the debtor conveys assets fraudulently, we will go after the debtor and the recipients of such fraudulent transfers as aggressively as the law allows.

Every lender has encountered a situation where a friendly relationship has turned non-productive because of economic or industry downturns or other reasons. While many law firms focus on protecting and aiding the consumer and borrower, our practice has spent many years representing lenders, bank institutions and others who lend money and extend lines of credit to small businesses, large companies, individuals and non-profit organizations. Our legal team at Hecht Walker, P.C. recognizes the necessity of salvaging these non-performing assets either by a workout solution or by liquidation of collateral. Our early intervention often brings a quick and a successful resolution, and Hecht Walker, P.C.’s attorneys are skilled and experienced at negotiating mutually agreeable terms in a commercial workout.

Our Atlanta creditor attorneys also provide bankruptcy guidance, handle foreclosure proceedings for commercial clients, and handle forbearance agreement work. We can prepare, file, and then oversee the logistics associated with proofs of claim that allow payments through the liquidation or reorganization process. We seek necessary permissions from the bankruptcy courts to lift a bankruptcy stay to resume foreclosures, repossession processes, and other legal financial collection and recovery activities.

Because Chapter 11 reorganization bankruptcies are a routine part of doing business today, we have substantial experience in guiding our creditor clients through the bankruptcy process. We can bring nondischargeability actions against debtors in bankruptcy to prevent the loss of certain claims in the proceedings, such as debts incurred by fraud or by theft. We can also monitor ongoing bankruptcy litigations that may impact a client’s business.


For better or for worse, banks and creditors may decide to accept or foreclose on a secured property, whether that property is real estate or personal property which was collateral for a loan. Unfortunately, that ownership of property usually leads to several collateral legal obligations such as property taxes, premises liability concerns, insurance coverage, property owner association obligations, local government ordinance compliance, zoning obligations, sediment and erosion control obligations, reciprocal easement agreement obligations, common area maintenance obligations, and landlord-tenant obligations.

The attorneys at Hecht Walker, P.C. have decades of experience in a wide range of real estate matters, and we bring that considerable experience to the table on behalf of banks, creditors, and our other commercial clients. We aggressively appeal property tax decisions. We work on leasing matters that include enforcing lease obligations and covenants running with the land, and we also defend our clients against such actions.

We defend against premises liability claims, and we will defend our clients in court if necessary when violations are charged, or lawsuits are filed against them. We also assist creditors in re-zoning property and with obtaining special use permits, so that the newly acquired property is useful in the current market or sellable in the current market. We work to ensure that your property is valuable, useable, and citation-free.

Atlanta Banks and Creditors Attorney


Additionally, the Atlanta-based attorneys at Hecht Walker, P.C. represent our creditor clients in all employment-related legal matters. We defend banks and creditors against EEOC actions and against discrimination claims including but not limited to age, race, gender, national origin, disability, and religious discrimination allegations. We defend against overtime, sexual harassment, and Family and Medical Leave Act claims.

We additionally defend against unemployment claims, draft personnel handbooks and human resource policies, and we work with clients and their HR teams to develop strategies that protect them from future potential liabilities with strategic policies and quick responses to grievances and complaints. In short, we work to prevent employment matters from becoming legal disputes so that you can fully focus on the business of running your organization.

The attorneys at Hecht Walker, P.C. devote a significant portion of our legal practice to bank and creditor advocacy. If you are a creditor who is confronted with a pending bankruptcy, targeted by legal motions that undermine your position, or named in an adversary proceeding, promptly contact an experienced Atlanta bank and commercial credit attorney at Hecht Walker, P.C.

If we can help you with the enforcement of your commercial loan instrument, the protection of your real or personal property, or the defense of your bank or company from employment claims or any other type of allegation, call and speak as soon as possible with an experienced Atlanta bank and commercial credit attorney at Hecht Walker, P.C. Our law offices are conveniently located in Atlanta and in Eagle’s Landing. Contact Hecht Walker, P.C. today to discuss your case at 404-948-6434.


This information was posted on 08-31-2016 and does not constitute legal advice nor does it create an attorney-client relationship. The law changes on a daily basis, and the reader should engage an attorney through a written agreement before taking action in this area of the law.