Challenges posed by a troubled economy are nowhere more apparent than in the area of lender-borrower relationships.  Drawing on our wealth of collective experience as well as the pragmatism and creativity of our lawyers, Otten Johnson's Troubled Credits and Distressed Properties practice group provides efficient, results-oriented counsel to lenders and borrowers with issues related to foreclosures, workouts, financial restructuring, distressed acquisitions and dispositions and bankruptcies.

The firm has extensive expertise in the areas of creditors' rights, real estate foreclosures, credit workouts, receiverships and bankruptcy.  While the primary focus of the practice has been in lender representations, Otten Johnson has also represented numerous borrowers, debtors, receivers, creditors' committees and trustees.

Our Approach:  Responsive, Efficient and Focused

Whether assisting a borrower to restructure debt on an over-leveraged asset, or representing a lender in structuring a workout or in foreclosure and litigation on a defaulted loan, our lawyers develop and apply strategies to achieve results with efficiency.  We understand the importance of asking the right questions before attempting to provide answers.  Taking full account of the history and documentation underlying a particular lender-borrower relationship, as well as the parties' objectives and resources, we strive to identify solutions that go beyond the immediate crises that often present themselves in this arena, and maximize the prospects for long-term success.

We guide clients toward solving - and preventing - credit-related problems.  Each lawyer in the Troubled Credits and Distressed Properties practice group brings proven expertise in various areas of commercial and consumer finance.  Additionally, Otten Johnson's depth as a multi-specialty firm enables an integrated approach to insolvency and related litigation issues, tax-related matters, asset/entity dispositions and restructurings.

Lender-borrower issues demand unparalleled negotiation savvy.  In matter after matter, the ability to hone in on - and articulate - complex legal issues makes the critical difference in achieving favorable client outcomes.  To that end, identifying issues quickly and resolving those issues favorably, are hallmarks of this practice group.

Otten Johnson has been a proud partner to prominent businesses in Colorado and throughout North America in the face of a variety of complex troubled credits and distressed properties matters.  Our clients include AIG, Colorado Business Bank, Millennium Bank, Vectra Bank and Wells Fargo Bank, N.A.

We are prepared to counsel and represent our clients on a wide variety of issues, including:

• Negotiating and documenting deed-in-lieu transactions and other forms of loan workouts
• Enforcing reclamation rights
• Pursuing commercial collections
• Recovering collateral for secured creditors
• Obtaining receiverships
• Counseling creditors' committees in Chapter 11 cases
• Advising on default, acceleration and forbearance issues
• Negotiating and reviewing letters of credit
• Advising on minimizing bankruptcy preference, fraudulent conveyance and other bankruptcy risks
• Acquiring or selling distressed entities, loans or assets, pre- or post-filing

We also have experience in managing wind-downs and reorganizations, both in and out of court, helping our clients maximize value in liquidating assets while assisting with sensitive issues involving employees and vendors.

Otten Johnson's highly respected Troubled Credits and Distressed Properties practice group receives accolades in the Colorado market and beyond.  All are highly experienced in their areas of practice, and the group includes recognized experts who teach continuing legal education seminars on a variety of bankruptcy and creditors' rights topics.

Attorneys in this practice area