Creditor and lienholder claims in receivership proceedings arise when secured creditors, mortgage holders, judgment creditors, and other parties with financial interests in receivership assets seek to enforce their rights within the framework established by the appointing court. These matters require the creditor’s counsel to establish the validity and priority of the creditor’s interest, to advocate for the preservation of collateral and other secured assets, and to participate in contested claims proceedings where the receiver, other creditors, or the appointing agency may challenge the creditor’s position.

The procedural environment of receivership proceedings adds layers of complexity to creditor representation. Claims may be subject to bars dates, priority disputes among competing classes of creditors, and the receiver’s authority to sell assets free and clear of liens — each of which requires timely and strategic intervention to protect the creditor’s interests. In SEC and FTC receiverships, the involvement of federal regulators introduces additional considerations, including the potential for disgorgement orders, the priority of consumer restitution claims, and the impact of regulatory settlements on the assets available for distribution to secured and unsecured creditors.

• Enforcement and protection of secured creditor and lienholder interests in federal and state receivership proceedings
• Contested claims proceedings involving creditor priority disputes and asset distribution
• Advocacy against free-and-clear asset sales and motions that threaten creditor collateral interests
• Creditor participation in SEC, FTC, and state regulatory receivership proceedings
• Coordination of creditor claims across parallel proceedings, including civil litigation, regulatory enforcement, and estate administration