Creditor’s Rights

Anania Bandklayder Blackwell Baumgarten Torricella & Stein devotes a portion of its litigation practice to the enforcement of the rights of creditors outside the realm of bankruptcy. The firm’s lawyers handle collection matters, mortgage foreclosure and property eviction claims, replevin, attachment and garnishment actions, statutory, contractual, and equitable lien claims, and debtor and guaranty contract indebtedness matters. The firm’s experience in such matters extends from the handling of mutlimillion dollar contract claims against an international corporate debtor and guarantor owned and controlled by a foreign government to the processing of property eviction claims.

The firm works with its clients to evaluate the circumstances surrounding each action in order assess the benefits and risks of each form of legal action to maximize the potential for a favorable resolution of the underlying dispute. For example, in the defense of an equitable lien enforcement claim, the firm’s lawyers seized upon an argument concerning the unconstitutionality of a prejudgment attachment of property undertaken by a creditor to secure the lien claim, and ultimately presented that argument to a state appellate court. As a result of the questions surrounding the constitutionality of the prejudgment attachment, the lienor relented and the firm was able to secure a favorable settlement of the sizeable equitable lien action.

4300 Bank of America Tower
100 Southeast Second Street
Miami, Florida 33131
Telephone: 305.373.4900
Facsimile: 305.373.6914
E-Mail: info@anania-law.com