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Creditor Protection, Creditor's Rights and Commercial Debts

Bradley Murchison attorneys have extensive experience protecting the rights of creditors and pursuing debts owed to our clients in many different circumstances.  As in all areas of our practice, we believe that our clients benefit from proactive advice designed to avoid problems.  When necessary, we are also well-equipped to provide quick, efficient advice and actions to solve problems and collect debts after they accrue.  Our work in this area also allows us to advise and protect our clients in connection with improper and unreasonable debt collection attempts.  We primarily focus on commercial matters, but can also advise and assist regarding personal creditor and collection matters.

We also advise our business clients regarding a wide range of contracts, business structures, operations and other credit-related matters - with an eye toward protecting their rights against current and potential creditors.  This approach often allows our clients to recognize and avoid problems before they become overly burdensome, and may avoid costly disputes, litigation and collection proceedings.  Our work in this area includes:

  • Advice regarding creditor/debtor relations and agreements.
  • Contract drafting, review and advice.
  • Drafting, review and advice regarding notes, guarantees, security agreements, collateral, business transactions and related instruments.
  • Planning and drafting oilfield and energy agreements, including operating agreements, service agreements, transmission agreement and other "deals."
  • Business structuring and advice.


When clients come to us after they begin having problems collecting debts, we advise them as to the best strategies for pursuing the debtors and work quickly and efficiently to resolve their problems.  In this respect, we strive to balance an aggressive pursuit of the debtor with the costs inherent in such litigation and collection work.  Always, we recognize that balancing the costs and benefits of litigation and other debt collection techniques requires working closely with our client to understand their needs and motivations in the context of their particular situation.  Our work in this area includes:

  • Placement, pursuit and defense of oilfield liens, construction liens, open accounts, secured debts, unsecured debts, garnishments, etc.
  • Demand letters and collection suits.
  • Pursuit of other unpaid amounts.
  • Advice regarding bankrupt debtors and collection of debts therefrom.
  • The purchase and acquisition of assets from bankrupt debtors and bankruptcy estates.
  • Pursuit of improperly paid and accepted amounts.

 

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