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Representing Lenders and Borrowers in Secured Transactions and Related Matters Involving All Forms of Collateral
While secured transactions can provide critical protections for lenders, lenders need to be able to rely on their counsel to ensure that their security interests are properly attached and perfected. In the unique world of secured transactions, even minor oversights and miscues can have drastic consequences, and lenders can find themselves in unexpected—and precarious—situations if they aren’t careful.
When entering into secured transactions, borrowers need to make informed decisions as well. These transactions can present significant financial risks, and borrowers need to be confident that the risks are both proportionate and reasonable.
Experienced Counsel for Secured Transactions in Ohio, Kentucky and Colorado
The lawyers in our business and corporate law practice group bring decades of experience to representing lenders and borrowers in secured transactions. With offices in Cincinnati, Louisville and Boulder, we represent clients throughout Ohio, Kentucky and Colorado. We represent clients in disputes arising out of secured transactions as well, including disputes involving the enforceability of lessors’ security interests and lessors’ ability to pursue foreclosure and other remedies.
Our practice encompasses secured transactions and related disputes involving all types of tangible and intangible collateral. This includes (but not limited to):
- Accounts receivable
- Agricultural and farm assets
- Automotive, aviation and railroad assets
- Business interests
- Business inventory
- Equipment and machinery
- Insurance receivables
- Letters of credit
- Promissory notes
- Residential and commercial real estate
When representing clients in negotiations related to secured transactions, we carefully guide our clients through all pertinent considerations, and we draft precise contract language that accurately reflects the terms of the deal. For lenders, we ensure that their agreements contain all language necessary for perfecting and enforcing their security interests; and, for borrowers, we seek to insert and preserve as many protections as possible.
In addition to handling secured transactions and providing representation for disputes arising out of these transactions, we also assist with releasing security interests when the time comes. While this should be fairly straightforward in most circumstances, issues can arise, and it is advisable for both parties to have legal counsel during this process.
Priority Disputes Between Secured Creditors
Along with providing representation for disputes between lenders and borrowers, we also provide representation for disputes between secured creditors. Most often, these disputes involve issues of priority. We handle priority disputes both within and outside of the bankruptcy context; and, when warranted, we work with creditors to negotiate workouts and restructurings that minimize their losses due to debtors’ financial distress or insolvency. Oftentimes, when a debtor is in distress, it will be in all secured creditors’ best interests to find a solution that provides an opportunity for the debtor to get back on solid financial footing. In this scenario, we work on behalf of our clients to negotiate favorable and forward-thinking resolutions.
Contact Our Business & Corporate Law Practice Group
If your company is in need of representation for a secured transaction or any related issue, we invite you to speak with a lawyer in our business and corporate law practice group. Please call 513-381-9200 or get in touch online to schedule an appointment today.
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