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Litigation & Bankruptcy

A lawyer is a person who writes a 10,000-word document and calls it a "brief".

– Franz Kafka

We often find that proper documentation and careful planning will avoid expensive and unprofitable litigation.  That being said, litigation is an unavoidable part of any commercial practice in the 21st century.

Creditor’s Rights/ Bankruptcy

Our significant experience includes creditors’ rights representation such as commercial collection litigation, loan workouts, forbearance agreements, real estate foreclosures, replevin law suits, UCC Article 9 repossessions and lien enforcement.  We represent creditors in Chapters 7, 11 and 13 bankruptcy cases in all Federal Districts in Alabama.  Our bankruptcy work includes motions for relief from automatic stay, lease assumption or rejection, defense of automatic stay violation claims, plan confirmation, claims and adversary proceeding matters.

Many lawyers handle creditors’ rights and collections work. We find that many leasing professionals appreciate the value of having experienced leasing lawyers handle their cases. We are members of the Lease Enforcement Attorney Network (LEAN). As its website states,  “LEAN is comprised of carefully selected member firms distinguished by their long and broad experience in leasing and an excellent reputation in the industry.”

Compliance Issues: Usury, Licensing, Foreign Entity Registration and Trade Names.

We have clients whose business extends across the United States.  Some clients who finance high risk credits face concerns regarding interest rate limitations. Others need to know whether they must expend the time and money to register or obtain lender or leasing licenses in states where they do some or just a little business. There are charts and summaries on these topics on the web, but these resources often have inaccuracies and are limited in scope.  With our experience we provide information and guidance to our clients to help them make good business decisions.

Our lawyers are experienced in enforcement and collection actions and offer both pre-litigation advice and representation in Alabama state and federal courts.  We also supervise, assist, advise or review the work of local counsel in other jurisdictions to save wasted time and give them the benefit of our experience. We are often able to associate and work with, or refer matters to experienced counsel in other jurisdictions.

Alternative Dispute Resolution

In addition to straight litigation services, we are experienced in alternative dispute resolution, including both mediation and arbitration.  We have worked with insurance defense counsel and enforced lessee obligations with respect to indemnities and insurance.

Risk Management

Much of our work is in the risk management area where we try to avoid the necessity of litigation, both in the course of negotiating transactions and advising clients as to litigation and pre-litigation policy. At Marks & Evans, P.C. we often find that actions taken immediately prior to litigation can significantly improve our clients positions and we offer advice with regard to collections policies as well as communicating directly with lessees and borrowers.

Bankruptcy Services

We have experience in bankruptcy courts and have represented creditor clients or rendered advice with respect to enforcement actions under Chapters 7, 8, 11 and 13.  Whether your executives need personal bankruptcy information or your business faces significant financial distress, our attorneys can help you assess the most prudent course of action.

To speak with our attorneys, contact us online call any of our lawyers at the numbers on our bio pages, or call Tammy Phillips at 205.251.8301.