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.

• 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

• 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.