Best & Flanagan


Bankruptcy & Creditor Remedies: Real Estate Collection, Foreclosure & Bankruptcy

Best & Flanagan advocates creditors’ rights against debtors who fail to repay their debts. Our lawyers consistently apply extensive experience to safeguard the interests of real estate lessors and commercial lenders. We work with our clients to determine their specific objectives upfront, with a focus on maximizing recovery and minimizing costs.

For real estate lenders, we focus on loss mitigation, loan workouts, loan modifications, title insurance claims and foreclosure. In the area of collections, we advise on challenges related to mortgage foreclosure, replevin, deficiency, secured and unsecured collections, UCC sales of collateral, creditors’ bankruptcy representation, garnishment and other judgment collections.

Our attorneys counsel commercial enterprises and institutional lenders on all matters pertaining to the recovery of real property assets through the foreclosure process. We have resolved both residential and commercial foreclosures throughout Minnesota and beyond. Our commercial foreclosure abilities range from hotels, resorts and golf courses; to office and apartment buildings, condominiums and developments; to shopping centers, high rises and commercial and mixed use properties. We are also called upon to resolve foreclosure evictions, collection of deficiencies and REO outsales.

Our practice includes the representation of secured creditors in real estate-related bankruptcy. Our experience is broad, and ranges from simple single asset real estate matters, to complex multiple asset and operating claims. We advise on every phase of the bankruptcy process, including relief from stay, cash collateral and DIP financing, plans of reorganization, asset sales and the like.

We also represent the interests of landlords involved in unlawful detainers and collection challenges, as well as in bankruptcies filed by tenants.

Because of our unique perspective and proven capabilities, on occasion, we also represent the rights of commercial debtors, including real estate owners and developers.