Brown, Hay + Stephens provides expert legal services to different types of creditors, including: banks, equipment lenders and lessors, trade creditors, commercial lessors, contractors and other businesses. Our attorneys develop practical, cost-effective solutions to minimize our clients’ risk and maximize recoveries. Our creditors' rights and bankruptcy practice assists with a number of areas including:

  • Commercial and agricultural loan documentation preparation and review.
  • The impact of the Uniform Commercial Code and other statutes affecting commercial lenders and other creditors.
  • Loan restructuring and distressed loan workouts.
  • Federal and State court actions against defaulting debtors/guarantors.
  • Lien enforcement actions including mortgage foreclosures, replevin actions and receiverships.
  • Enforcement of mechanic's liens and other rights arising under construction contracts.

Our attorneys also assist with bankruptcy representation in Chapter 7, 11, 12 and 13 cases, including:

  • Motions for relief from stay/adequate protection issues
  • Claims objections
  • Reorganization issues
  • Adversary proceedings, including preference and fraudulent transfer litigation
  • Discharge/Dischargeability actions
  • Lease assumption/rejection
  • Asset sales under §363 of the Bankruptcy Code


Creditors' Rights + Bankruptcy Attorneys

Kevin J. Born

Kevin J. Born

Associate Attorney

Roger W. Holmes

Roger W. Holmes

Of Counsel

Jeffery M. Wilday

Jeffery M. Wilday

Managing Partner