Creditor Rights,Troubled Assets and Bankruptcy

Michael G. Prestia attorney  is a member of the Commercial Law League of America, the Mississippi Bankruptcy Association and is experienced in Creditor Rights issues and  in representing  financial institutions holding troubled assets, buyers of troubled assets, and borrowers with loans secured by troubled assets. Our experience in this area include the negotiation and documentation of financial institution strategic transactions, the representation of financial institutions in regulatory matters, the restructuring and workout of troubled loans, the representation of creditors and others in bankruptcy proceedings and in other trial and appellate litigation, the representation of distressed asset funds and the representation of borrowers whose loans are assigned to the FDIC as conservator or receiver We take an aggressive and effective approach and will schedule a settlement conference with the parties prior to filing suit resulting in  many cases saving the client the cost of Court Litigation.  Our experience with creditor's rights covers a wide variety of business issues. We have direct experience in:

  • Collection of open accounts and outstanding invoices 
  • Collection of  promissory notes indebtedness 
  • Filing proof of claims in Bankruptcy Court          
  • Defense and prosecution of fraudulent transfers and conveyances;
  • Preference claims;
  • Deficiency suits;
  • enforcement of 11 U.S.C. 523 exceptions to discharge
  • Enforcement of creditor's rights under loan and lease agreements;
  • Real estate and property foreclosure.
  • Equipment Leasing services include collection on breach of equipment leases, workouts, bankruptcies,. Our involvement includes the financing side of leasing operations, due diligence and documentation
  •  repossessions and replevin, defense suits and other general matters

      Michael G. Prestia  attorney has been successful in resolving these cases with settlement conferences between the parties  saving the client the time and expense of Court Litigation and the opportunity for the client to resume the trade relationship with his customer.