Putting the Law to Work for You
Financial Institutions and Creditor Rights
The attorneys at Maselli Warren, P.C. represent national financial institutions, community banks, commercial landlords and small to medium-sized businesses in all areas of commercial litigation, bankruptcy proceedings and transactional work-outs including:
- Collection actions
- Workouts and restructurings
- Loan Sale Transactions
- Loan Origination Closings
- Defense of lender liability claims
- Enforcement of landlords’ rights
- Bankruptcy litigation and appeals, including relief from the automatic stay, contested plan confirmations, cash collateral proceedings, preference litigation, fraudulent transfer litigation, cram down plans and adversary proceedings related to the extent, priority and validity of liens.
When attempts to collect a debt lead to litigation, Maselli Warren represents creditors in a wide array of legal situations. Our attorneys can help you strategize an approach to defend your legal and financial rights as a lender, whether you are or represent a business, financial institution, bank, or landlord.
At Maselli Warren, our creditor rights attorneys have decades of experience helping to manage the sometimes difficult relationships between debtors and creditors. If you are a creditor who is not receiving payments owed by a debtor, we can aid you in your efforts to collect what you deserve through taking firm collection actions in the most efficient and cost-effective manner possible. Our attorneys will provide aggressive support for creditors, landlords, businesses, and banks, such as pursuing property liens, bankruptcy, or wage garnishment.
- Liens. A lien is a claim, generally attached to property, occasionally attached to an automobile, declaring that money is owed toward the creditor of the property. Liens are public records, and make selling the property impossible until paid off. Therefore, a lien can be a highly effective method of ensuring a financial collection in order to clear the property’s title.
- Wage garnishment. Wage garnishment is only permitted in New Jersey when a lawsuit has resulted in the judgment of execution against wages. Wage garnishment laws protecting debtors are tough in New Jersey, so you need a tough legal team to work toward collecting your due. Maselli Warren can get the litigation process moving.
Foreclosures are another dimension of creditor rights that may need to be pursued under certain legal circumstances. In foreclosure, principal and/or interest payments that are not being made on a property mortgage can result in the lender seizing the property for resale per the terms of the mortgage. Foreclosure is often a long and elaborate process — let our experienced attorneys guide you through it. Together we will explore your full financial rights to come up with the plan that’s best for you.
Maselli Warren handles two types of receiverships, rent receiverships and statutory receiverships. Receiverships tend to be a last resort granted to creditors, but a receivership may be appropriate for your unique set of circumstances. In receiverships, a third party is appointed by the Court for the purpose of managing the flow of income, as well as managing the property, while a foreclosure is pending. If a receivership is determined to be the best route for you to take, our attorneys will guide you through all stages of the process, from management, to liquidation, to the ultimate conclusion.