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Creditors' Rights

Creditors' rights

O’Sullivan McCormack Jensen & Bliss has significant experience in the field of creditors’ rights.  This includes:

Commercial loan workouts and commercial debt collection

We represent commercial creditors in negotiations and litigation to recover sums owing to them for unpaid loans, goods and services.  We are experienced in negotiating and documenting loan and credit restructures, forbearance agreements and the like, but are prepared to litigate to judgment when that is needed.  Our clients include product sellers, and we have successfully handled vigorously contested matters involving claims, defenses and remedies under Article 2 and Article 9 of the Uniform Commercial Code. 

Commercial foreclosures and replevins

We represent lenders in commercial foreclosure and replevin actions, including complex and contested cases.  We have successfully overcome lender liability defenses and an array of other defenses in fully litigated matters.  We have represented commercial banks, credit unions and private lenders in cases of this type.

Foreign judgments

We represent creditors from out of state who have judgments against Connecticut defendants, in actions under the Uniform Enforcement of Foreign Judgments Act to domesticate their judgments.  We are experienced in successfully litigating jurisdictional challenges in those cases.  We have repeatedly obtained denials of motions to dismiss filed against our clients as plaintiffs in suits on foreign judgments.  We also enforce judgments obtained in Connecticut in other state and federal courts.

Fraudulent transfer and alter ego

We are experienced litigators of cases under the Uniform Fraudulent Transfer Act, and have obtained judgments for creditors under the UFTA following trial and by summary judgment.  Our firm obtained a $2 million judgment following the trial of a complex case that required piercing of the corporate veil.  In another case, we obtained an $8 million default judgment for destruction of evidence designed to thwart piercing the corporate veil to avoid fraudulent transfers.

Bankruptcy

We prosecute adversary proceedings on behalf of creditors in Bankruptcy Court to avoid the discharge of debts incurred by fraud, willful and malicious injury, and other circumstances that provide cause for nondischargeability under the Bankruptcy Code.  We represent creditors in bankruptcy cases by filing proofs of claim, obtaining relief from the automatic stay, and contesting objections to claims. 

O’Sullivan McCormack Jensen & Bliss handles matters in and around Hartford, Middletown, New Haven, and all other parts of Connecticut.  We litigate cases in the state and federal trial courts and appellate courts.  A number of our attorneys are also admitted and represent clients in Massachusetts courts.