Rosen Harwood’s Creditors’ Rights and Bankruptcy Practice Group is dedicated to serving the needs and protecting the interests of creditors in a wide variety of industries. Our practice includes the representation of institutional and individual clients in federal district courts, bankruptcy courts and state courts in Alabama and Mississippi. Our attorneys and staff work together to fully represent the interests of our clients who need to enforce their rights as creditors in almost any context. Matters can be as simple as collecting a delinquent account or foreclosing a mortgage, or as complex as representing a creditor through a lengthy commercial bankruptcy proceeding.
The Creditors’ Rights and Bankruptcy Practice Group is active in the following areas:
- Representation of Secured and Unsecured Creditors in Chapter 7, Chapter 9, Chapter 11 and Chapter 13 Bankruptcy Proceedings
- Foreclosure
- Mortgage Servicing Statutory and Regulatory Compliance
- Replevin
- Manufactured Housing
- Commercial and Consumer Collections
- Loan Workouts
- Debtor-Creditor Litigation
- Unsecured Creditor Committee Representation
- Special Counsel to Bankruptcy Trustee
- Impounds
- Mechanics’ Liens
Bankruptcy
Our Bankruptcy Practice Group represents both national and local creditors of all types in Chapter 7, Chapter 9, Chapter 11, Chapter 12, and Chapter 13 bankruptcies. Our attorneys and staff are knowledgeable and can respond to the needs of our clients in even the most complex bankruptcy setting. Our attorneys regularly represent creditors in every bankruptcy court across Alabama and Mississippi. In addition to our regular practice area footprint, we are routinely admitted pro hac vice in bankruptcy courts around the country, including Delaware, New York, New Jersey, Texas, California, Florida and Georgia. The number of long-term clients that use the firm to protect their interests in bankruptcy reflects the firm’s commitment to provide excellent service at a reasonable cost.
In addition to representing creditors in bankruptcy proceedings, the firm is experienced in the representation of Chapter 7 Trustees, Chapter 13 Trustees, Unsecured Creditor Committees, and other specially appointed roles such as trustee, examiner, and special administrator.
The firm is also regularly engaged to defend and prosecute a variety of adversary proceedings in bankruptcy court, including dischargeability issues, lien priority disputes, and alleged stay and discharge violations, in addition to actions which have been removed from state court.
Mortgage Services and Foreclosure
The firm has years of experience assisting clients in mortgage servicing and mortgage default matters. Our attorneys conduct judicial and non-judicial foreclosures across Alabama and Mississippi, and have expertise in all foreclosure related matters, including title curative work, mortgage and deed reformation, tax sales, redemption and ejectment. We also routinely advise our clients on the changing and expanding federal statutory and regulatory compliance issues affecting the mortgage servicing industries.
Replevin
The firm has a long history of assisting clients who need to locate, identify, and recover their collateral through legal process. Our clients include banks, credit unions, specialized finance companies such as motor vehicle and mobile home lenders, and commercial equipment finance companies.
Manufactured Housing
For more than two decades, finance companies, investors, bankers, loan servicers, dealers, developers, and home manufacturers have turned to our experienced manufactured housing attorneys for legal counsel throughout Alabama, Mississippi, and the United States. As the manufactured housing industry has evolved, the needs of our clients have become increasingly complex. As such, we have broadened our scope of practice to address all issues faced by today’s manufactured housing clients.
Our expertise in manufactured housing includes: contractual and transactional issues; regulatory and compliance issues; lienholder-landlord disputes; land-home issues; issues relating to borrower’s contractual default; and all issues relating to regaining and maintaining possession by lienholder, including obligations secured by both real and personal property. We represent some of the largest and most successful national manufactured housing finance companies and their parent manufacturing companies throughout the Southeast. Our expertise in this specialized area allows us to provide quality legal representation at a reasonable cost.
Collections
Our collections practice originated as a natural progression of our efforts to fully serve our existing clients’ legal needs. We routinely handle the collection of accounts that have emerged from other legal proceedings such as bankruptcy, replevin, foreclosure, or eviction and continue to pursue those accounts post judgment. Our services include collection of all types of consumer accounts, commercial accounts, installment contracts, mechanic’s liens, and sales taxes. We have developed our own collection management system which allows us to effectively serve our clients’ needs for timely information and results.