Areas of expertise
Bankruptcy & Creditors’ Rights
At Carlile Patchen & Murphy, our Creditors’ Rights Group delivers strategic, business-minded counsel to help clients recover debt, enforce their rights, and navigate complex insolvency issues. Drawing on the firm’s deep bench of legal talent across business, finance, and litigation, we tailor practical solutions to fit each phase of the credit recovery cycle.
Our clients include commercial and consumer credit grantors, banks, credit unions, real estate lenders, professional service providers, and medical groups. Whether collecting an unpaid debt, protecting a secured interest, or defending a claim in bankruptcy court, we ensure creditor rights are asserted with precision and strength.
Benefits of using CPM’s Creditors' Rights Group:
Clear and consistent remittance, cost, and collection reporting.
Flexible engagement tailored to client-established work standards.
- Dedicated attorneys with deep experience in creditor representation, bankruptcy litigation, and commercial collections.
- Strategic, business-oriented advice to help clients avoid unnecessary litigation and maximize recoveries.
- Comprehensive service integration with our business, litigation, real estate, and finance teams to address complex or high-stakes matters.
CPM takes a multi-jurisdictional, full-cycle approach to collections, insolvency matters, and bankruptcy proceedings. We prioritize maximum recovery while managing costs and ensuring compliance with the Federal Bankruptcy Code and applicable state laws. Our services are available under hourly or contingent fee arrangements, depending on client preference and case type.
Strategic Counsel for Business Bankruptcy Matters
Facing the possibility of a customer or business partner filing for bankruptcy—or needing to evaluate your own organization’s financial position—requires experienced counsel that understands both the law and business realities. CPM’s attorneys take a proactive approach, helping clients assess risk, preserve value, and navigate complex bankruptcy processes with clarity and purpose.
Whether advising creditors or stakeholders in distressed business scenarios, we help protect your interests through:
Pre-bankruptcy planning and strategy to maximize recovery and minimize disruption.
Assertive enforcement of secured creditor rights, including motions for relief from stay, adequate protection, and asset recovery.
Representation in Chapter 7, 11, and 13 proceedings, including claim filings, plan objections, and adversary actions.
Negotiation and documentation of workouts and forbearance agreements to avoid bankruptcy when possible.
Ongoing counsel for financial institutions and commercial clients to monitor and respond to evolving debtor relationships.
At CPM, we understand that every bankruptcy is different. Our attorneys bring a practical, experienced perspective to each matter—whether you’re looking to enforce your rights, resolve a claim, or evaluate your business’s financial future.
Guiding Creditors Through Financial Distress with Strategic Advocacy
When a customer, tenant, or borrower experiences financial trouble or files for bankruptcy, it can leave your business exposed and uncertain about what comes next. At CPM, our Creditors’ Rights attorneys work with lenders, landlords, businesses, and individuals to enforce obligations, recover assets, and preserve value in the face of insolvency.
We provide practical, results-driven counsel at every stage—from early signs of financial distress to formal bankruptcy proceedings—helping you protect your rights, pursue recovery, and make informed decisions. Whether it involves securing collateral, negotiating payment solutions, or litigating claims in court, our team delivers effective strategies rooted in deep experience and a commitment to your success.
+Landlord and Tenant Rights
We represent commercial landlords in enforcing lease terms, collecting unpaid rent, and protecting property rights in bankruptcy proceedings. Our team can also assist with lease modifications or terminations when tenants become insolvent.
+Preference Claim Protection
When a debtor files for bankruptcy, payments made to a creditor shortly before filing can be clawed back. We help creditors defend against these preference claims and protect the payments they’ve rightfully received.
+Fraudulent Conveyances
We assist creditors in identifying and challenging transfers of assets made by debtors with the intent to hinder, delay, or defraud creditors. We work to recover those assets or reverse improper transactions.
+Lien Avoidances
Bankruptcy courts can sometimes eliminate a creditor’s lien if it is not properly perfected. We help ensure liens are valid, enforceable, and protected—and fight to prevent their avoidance when challenged.
+Use of Cash Collateral
Debtors often seek to use a secured creditor’s collateral, such as cash, during bankruptcy. We represent secured creditors in negotiations and court proceedings to ensure they receive adequate protection or compensation for this use.
+Objection to Claims Allowance
We help creditors review and object to other creditors’ claims in a bankruptcy case when those claims are overstated, invalid, or improperly filed, ensuring fair treatment and maximized recovery.
+Lease and Contract Assumption or Rejection and Damages
In bankruptcy, debtors can choose to keep (assume) or cancel (reject) contracts and leases. We guide creditors through this process, asserting their rights and calculating damages owed when agreements are rejected.
+Enforcing Creditor’s Chapter 13 Rights
Some debts—like those involving fraud or misconduct—may be excluded from discharge. We help creditors challenge discharge attempts and preserve their right to collect what they’re owed, even after bankruptcy.
+Preparation and Enforcement of Proofs of Claim
To recover funds in bankruptcy, creditors must submit a formal Proof of Claim. We assist with drafting, filing, and, if necessary, litigating these claims to ensure proper recognition and repayment.
Retirement Asset Protection & Bankruptcy Guidance
At CPM, we understand the critical importance of protecting your retirement savings from creditors, especially during challenging financial times. Our Creditors’ Rights Group provides strategic guidance to help you navigate the complexities of retirement asset protection, ensuring your hard-earned savings are shielded from creditors and bankruptcy risks. At CPM, we offer personalized advice tailored to your specific financial situation.
Contact us to schedule a consultation and take the next step in securing your retirement savings.
+Retirement Asset Protection
We help clients understand how various retirement accounts are treated under the law, including IRAs, 401(k)s, and other employer-provided retirement plans, ensuring maximum protection from creditors.
+Bankruptcy Protection for Retirement Funds
Whether you have a traditional IRA, rollover IRA, or a 401(k), we can guide you on how to structure these accounts to preserve full bankruptcy protection. We also provide counsel on keeping rollover IRAs separate to ensure unlimited protection in bankruptcy.
+Owner-Only Plan Review
For clients with solo 401(k)s or other owner-only retirement plans, we help assess the plan’s structure and ensure it qualifies for creditor protection under ERISA guidelines or advise on necessary adjustments.
+Comprehensive Planning
We work with clients to develop proactive retirement planning strategies that protect their assets, especially after significant life or business changes, to help safeguard your financial future.
+Ongoing Retirement Plan Assessments
Our attorneys regularly review and reassess your retirement accounts to ensure they remain compliant with the latest laws and fully protected from creditor claims, giving you peace of mind.
How can we help you today?
Give us a call or send a message with any inquiries and legal questions.
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