Every business will have customers or clients that cannot or will not pay what they owe. These obligations are often resolved in Bankruptcy Court, which practitioners call the “Court of Broken Promises.” Creditors very often receive less than they originally expected. The trade-off is consistency and predictability, and most creditors find the process to be more efficient and less expensive than traditional resolution by civil litigation, where the obligation must be reduced to a judgment and then collected (usually) using the tools available under state law.
In the former circumstance—Bankruptcy—Mike has broad experience representing creditors in consumer and business Bankruptcies. He can provide certain basic services on a fixed fee basis, but also has a lot of practical experience conducting more substantial or complicated proceedings like Section 363 sales.
In the latter case—state court collections—Mike avoids most consumer finance collections, but maintains an active practice dedicated to exercising secured creditors’ enforcement remedies following commercial debtors’ defaults on their loan obligations. This part of Mike’s practice extends, but is not limited, to lien enforcement, attachment, foreclosure, Article 9 sales, sheriffs’ sales, repossession, replevin, detinue, post-disposition deficiency collections, litigation, receiverships, and other collections remedies available under applicable law. These engagements can vary widely—in terms of cost, predictability, complexity and results—depending on court venue.