SERVICES

Proofs of Claim

Notices of Appearance

Motions for Relief from Stay Concerning All Types of Collateral in Chapters 7, 11 or 13

Objections to Chapter 13 Plans Concerning All Types of Collateral

Stipulations for Relief From the Automatic Stay and Stipulated Orders for Relief from the Automatic Stay

Stipulations Concerning Confirmation of Chapter 13 Plans

All Legal Services Required to Participate in Chapter 11 Proceedings and Objecting to Confirmation of Chapter 11 Plans of Reorganization Concerning All Types of Collateral

Reaffirmation Agreements

Subrogation Claims

Non-Dischargeability Complaints

Preference and Fraudulent Conveyance Defensive Actions

Defensive Foreclosure Bidding

Appearances at § 341 First Meetings of Creditors

Bankruptcy Rule 2004 Examinations

Court Appearances Including Evidentiary Hearings and Contested Plan Confirmation Hearings

Bankruptcy Appeals

Commercial Bankruptcy and Loan Restructuring

Folks Hess represents large financial institutions in commercial bankruptcy and reorganization, negotiation and preparation of cash collateral orders, relief from the automatic stay, and plan confirmation objections.

See below: Significant Bankruptcies • Representative Clients

View the PowerPoint from Larry Folks' 2008 bankruptcy mediation seminar

FOR YOUR FILE: Our service and experience summary (PDF) for commercial lenders

Commercial Bankruptcy and Reorganization

From our offices in Phoenix, Arizona's Central Corridor, the law firm of Folks Hess represents large financial institutions in commercial bankruptcy and reorganization proceedings to protect their Arizona interests. Our Arizona attorneys are seasoned bankruptcy practitioners who possess in-depth knowledge of bankruptcy law and have extensive experience representing creditors in proceedings under all chapters of the U.S. Bankruptcy Code.

Among the legal services that our bankruptcy lawyers routinely provide to our clients in Arizona bankruptcy proceedings are the negotiation and preparation of cash collateral orders, motions for relief from the automatic stay, and plan confirmation objections. We also routinely defend preference actions and other adversary proceedings and contested matters brought against our clients by bankruptcy trustees and other parties-in-interest. The depth of our knowledge and experience provides a distinct advantage to our clients, enabling us to quickly develop and implement strategies designed to achieve our clients’ goals efficiently and effectively. At the same time, we provide a level of personalized service that is seldom found at larger Phoenix law firms.

Loan Restructuring and Workouts

The Folks Hess law firm represents commercial lenders, equipment lessors and other financial institutions in all phases of the business reorganization process, including loan restructuring and out-of-court workouts. Our Phoenix-based attorneys have considerable knowledge and experience in the negotiation and documentation of debt restructuring and corporate reorganization transactions. Among the loan restructuring services that we routinely provide to our clients who have Arizona interests are preparation of forbearance agreements, loan modification agreements, deeds in lieu of foreclosure, and complete documentation of loan sale transactions. Unlike many other Arizona law firms, we have a thorough understanding of our clients’ underlying business operations, enabling us to provide legal representation that does not lose sight of our clients’ business goals and objectives.

Our firm's founding member, Larry O. Folks, a Certified Bankruptcy Specialist (State Bar of Arizona), a Certified Business Bankruptcy Specialist (American Board of Certification) and a past chair of the State Bar of Arizona's Bankruptcy Section, also has significant experience in representing creditors in high-dollar and complex Arizona bankruptcy proceedings and loan workouts. In fact, Mr. Folks is one of a handful of Phoenix-area bankruptcy attorneys with experience in representing creditors in Chapter 9 municipal bankruptcy proceedings, experience that he obtained by representing several bondholder committees and a Chapter 9 bankruptcy debtor.

Significant Bankruptcies

• America West Airlines

• American Continental Corporation

• Central Arizona Irrigation and Drainage District

• International Fibercom, Inc.

• Megafoods

• New Magma Irrigation and Drainage District

• Smith Bros. Motors, Inc.

• Superstition Mountain Community Facilities District

• WGI, Inc.

Representative Clients

• BMO Harris Bank

• Comerica Bank

• MidFirst Bank

• Washington Federal