It is often said that there are only two certainties in life:  death and taxes.  Those in the business world know of a third certainty:  defaults. When a loan or other contractual arrangement goes into default, the creditor usually finds itself in a situation involving some combination of an uncooperative borrower or other counterparty, incomplete information, competing claims of other creditors, limited time, and high stakes.  Given this environment, an effective creditors’ rights lawyer needs to know the rights and remedies available, the experience to know which of them will best serve the client’s objectives, and the skill to implement the proper course of action.  The attorneys of McGrath McCall, P.C., have the knowledge, experience, and skill necessary to be effective creditors’ rights advocates. 

Our understanding of how loans and other commercial transactions are structured and documented gives us unique insight and expertise if those loans default.  Likewise, our experience in “working out” loans and other contractual defaults helps us more effectively protect our clients’ interests from the onset of the relationship.  While we are best known for our representation of banks, credit unions, and other financial institutions, we also assist a wide array of other clients in creditors’ rights matters, including but not limited to small family owned businesses, international corporations, landlords, trade creditors, and contractors. 

Some of the specific types of matters we routinely handle for our clients include:

​

• Loan modifications and restructurings

• Collateral rights litigation, such as mortgage foreclosure and replevin actions

• Ejectment Actions

• Confession of judgment actions

• Contract enforcement and collection actions, including Mechanics’ Lien claims

• Article 9 Sales and Other Collateral Liquidations

• Contract Counterparty Due Diligence and Asset Investigation

• Enforcement and Execution Upon Judgments (within Pennsylvania and beyond)

• Creditor representation in bankruptcy proceedings (all chapters)

• Representation of bankruptcy trustees

• Representation of asset buyers in bankruptcy sales