Wright, Constable & Skeen provides quality legal representation to clients in bankruptcy and creditors’ rights disputes.
We represent borrowers and lenders in matters of disputed accounts, workouts, collections, regulatory matters, financial planning, reorganizations and bankruptcies. Our attorneys focus on the following subject matters:
- Bankruptcy— We represent debtors and lenders in all aspects of bankruptcy practice, from complex Chapter 11 reorganizations to more straightforward consumer cases. We also represent creditor´s committees in Chapter 11 proceedings.
- Regulatory matters— We have drafted and reviewed loan documentation for compliance with Regulation Z (Truth in Lending) and other applicable regulations.
- Credit unions— We advise credit union managers and directors of their responsibilities in the operation and management of federally and state chartered credit unions.
- Workouts— We negotiate debt restructuring and reorganization plans for individuals and businesses, helping them to avoid bankruptcy.
- Collections— We represent banks, credit unions, equipment leasing companies and businesses of all kinds in collecting delinquent accounts. From initial demand to entry of judgment to locating and executing upon assets, our experienced staff get the job done.
- The Automatic Stay in Bankruptcy – An Overview
- Preference Actions in Bankruptcy – “Zombie Claims”
- What To Do When A Customer Files For Bankruptcy
- Bankruptcy: The Automatic Stay and Property of the Bankruptcy Estate – What They Are and Their Interplay
- Bankruptcy: The Debtor’s and the Surety’s Rights to the Bonded Contract Funds
- Bankruptcy: The Proof of Claim
- Protecting The Surety’s Interests In Stored Materials From The Principal’s Bankruptcy Trustee And Secured Lender, Presented at the Northeast Surety and Fidelity Claims Conference, New Jersey 2017.
- Co-Author, The Surety’s Claims In Bankruptcy, Surety Claims Institute Newsletter, Volume 33, Number 2, May, 2019
- Co-Author: New Standards Affecting the use of Section 523 – Non-Dischargeability in Bankruptcy, Northeast Surety & Fidelity Claims Conference, New Jersey 2014.
- Contributing Author to the Law of Commercial Surety and Miscellaneous Bonds, 2d Ed., Chapter 20, The Commercial Surety´s Collateral in a Principal´s Bankruptcy Case, Fidelity and Surety Law Committee of the Tort and Insurance Practice Section, American Bar Association (B. King, R. Towle and S. Arena, Jr., Eds. 2012). Presented at the ABA, FLSC Spring Meeting, Hilton Head, South Carolina 2012.
- Bankruptcy Preferences – The Direct Exposure for Preferential Transfers
- Bankruptcy Preferences – The Indirect Exposure for Preferential Transfers and Potential Liability to Third Parties
- Chapter 11 Bankruptcy Plan Release and Injunction Provisions
- “Surety Underwriting and Claims Handling With a Principal in Bankruptcy” (2009).
- “The Surety´s Claim in Bankruptcy – Obtaining Reimbursement for the Surety´s Loss” (2009).
- “Money and Time – The Critical Issues in Construction Industry Bankruptcies” (2009).
- “The Principal´s Bankruptcy: What You Really Need to Know” and “The Surety´s Strategy and Rights When the Principal Files for Bankruptcy” (2009).
- Do You Have Trust Issues? The Use of Trust Fund Rights in Bankruptcy, Surety Claims Institute 2009;
- “The Surety´s Proof of Claim – Obtaining Reimbursement for the Loss” (2008).
- “The Principal´s Sale of Substantially All of Its Assets in Bankruptcy – Who, What, Where, When, Why, and How, and the Rights of the Surety” (2002).
- “The Principal´s Bankruptcy – Practical Problems and Potential Solutions in Handling Payment Bond Claims” (2001).
- “The Surety´s Rights to the Contract Funds in the Principal´s Chapter 11 Bankruptcy Case,” 35 TORT & INS. L.J. 1 (1999).