Debtor / Creditor Rights

Binder Malter Harris & Rome-Banks LLP is frequently retained and has considerable experience representing both debtors and creditors, pre- and post judgment, in matters involving attachment law, writs of execution/possession, bank levies, debtor examinations, general collection remedies and defenses, and claims of alter ego liability. Our frequent debtor clients include business owners, individual guarantors, judgment debtors, and under-insured defendants exposed to personal liability. Our creditor clients include investors, businesses and various institutions, including banks and municipalities. Binder Malter Harris & Rome-Banks LLP represents debtors and creditors in both state court and bankruptcy proceedings.

Typical Engagements
  • Bankruptcy Litigation
  • Fraudulent and Preferential Transfer Defense
  • Relief from Stay
  • Writs of Attachment/Execution
  • Debtor Examinations
  • General Collection Remedies
  • Forbearance Agreements
  • Collection Defense
  • Landlord Representation
  • Secured Creditor Rights and Remedies
  • Bankruptcy Appeals
  • Dispute Resolution
Representative Matters
  • Binder Malter Harris & Rome-Banks LLP represented the owner of one of the largest assemblies of real estate (by volume) in Bay Area history avoid bankruptcy by successfully negotiating and implementing an out-of-court workout involving assets totaling approximately $250 million.

  • Our attorneys have been retained by other law firms and their clients on countless occasions to represent defendants and under-insured parties trying to negotiate and settle complex, high-exposure litigation.

  • Our attorneys negotiated the termination of hundreds of commercial leases following the “dot-com” crash in 2000.

  • The firm has represented countless businesses and individuals successfully negotiate out-of-court workouts to avoid litigation and/or bankruptcy.

  • The firm has represented numerous high-net worth individuals in asset protection planning and structured settlements.