Commercial Law & Insolvency

Henderson, Caverly, Pum & Charney LLP offers clients a unique blend of both transactional and litigation experience in matters involving secured and unsecured debt obligations, insolvency, and bankruptcy matters.  Each of the members of the Commercial Law and Insolvency Group has extensive experience in negotiating and documenting commercial loans, real estate-secured loans, construction loans, inter-company loans, and other debt transactions.  In addition, the Group has decades of experience in negotiating and documenting business loan workouts, forbearance agreements, short sale agreements, and business debt restructurings.  On the litigation side, the members of the Group have extensive experience in enforcing rights and defending claims both in bankruptcy court and state court.  By having a profound knowledge base in all phases of debt-related transactions and enforcement both judicially and nonjudicially, the members of the Commercial Law and Insolvency Group have a unique ability to anticipate issues and address them before matters escalate and become costly to resolve.

The Commercial Law and Insolvency Group, led by Maria K. Pum, represents financial institutions, Fortune 100 companies, real estate developers, investors, lessors of real and personal property, small and start-up companies, and high net-worth individuals, and various other types of clients in numerous contexts involving both secured and unsecured debt, including:

  • Real estate secured loans
  • Construction loans
  • Bridge financing
  • Commercial loans
  • Participation Agreements
  • Floor Planning Arrangements
  • Collateral Sharing Agreements
  • Distribution and Reseller Agreements
  • Loan Workout Agreements
  • Short Sale Agreements
  • Non-judicial foreclosure (Trustee’s Sales)
  • Enforcement of creditors’ rights under the Uniform Commercial Code
  • Filing, objecting to and defending claims in bankruptcy
  • Negotiating and drafting pre-packaged chapter 11 plans of reorganization
  • Litigating confirmation issues in bankruptcy
  • Purchases and sales of assets using section 363 of the Bankruptcy Code
  • Litigating the assumption or rejection of leases and executory contracts in bankruptcy
  • Prosecuting and defending fraudulent transfer and bankruptcy preference claims
  • Judicial foreclosure actions
  • Appointment of receivers, keepers and other custodians
  • Assignments for the Benefit of Creditors
  • Intellectual Property

The Group prides itself on approaching each debt or insolvency-related matter as a unique opportunity for the client, while being mindful of the likely risks and rewards of a particular course of action. That understanding comes from years of experience and from demonstrated success in both front-end transactions, as well as in dealing with collection and insolvency matters. The Commercial Law and Insolvency Group of Henderson, Caverly, Pum & Charney LLP offers its clients both the experience and perspective to arrive at a cost-effective resolution of each client’s objectives in any debt or insolvency context.