Bankruptcy and Creditors’ Rights

Sutin, Thayer & Browne regularly represents secured and unsecured creditors in enforcing their rights in all state and federal courts in New Mexico, including United States Bankruptcy Court. We regularly appear in most tribal courts in New Mexico, as well as some tribal courts outside New Mexico, and are licensed to file actions in the courts of other states, such as Texas, Colorado, and California. We have decades of experience in handling commercial and consumer creditors’ rights matters of all sizes.

At the pre-litigation stage, the firm advises clients about compliance issues, including privacy, lending, and collection laws. The Firm assists in drafting and negotiating forbearance and modification agreements, as well as assists in the voluntary liquidation of businesses or voluntary surrender of collateral, including deeds instead of foreclosure. We also advise clients about issues involving competing creditors, such as the effect of statutory and tax liens.

Our broad experience in litigation representation ranges from small individual creditors to large, publicly traded companies, consumer loans to complex commercial loans, and matters involving a few thousand dollars to hundreds of millions of dollars. The Firm has represented creditors in thousands of actions to obtain and enforce money judgments and recover personal property collateral. The Firm represents lenders in real estate foreclosure actions involving a broad range of properties such as office buildings, hotels, ranches, farms, dairies, retail centers, nursing homes, undeveloped land, and residential developments. This experience also includes obtaining injunctive relief and appointing receivers to preserve property.

The Firm has substantial experience defending creditors against claims brought by individual consumers or commercial borrowers alleging unfair trade practices, truth in lending violations, fraud, and other lender liability theories.

The Firm represents clients in all facets of bankruptcy reorganization and liquidation proceedings. Our lawyers represent creditors in Chapter 7, Chapter 13, and Chapter 11 proceedings, and handle the filing and prosecution of involuntary bankruptcy petitions, negotiations related to the protection of the creditors’ interests during the confirmation of plans of reorganization, and negotiation of or litigation related to cash collateral orders, assumption or rejection of executory contracts and 363 sales. The firm regularly defends fraudulent conveyance and preference actions and other adversary proceedings arising in bankruptcy and other insolvency matters.