Creditors’ Rights

Creditors’ Rights

Sequor Law regularly represents secured and unsecured creditors, including traditional and non-traditional lenders as well as judgment holders, in enforcing their rights to payment both within the US and abroad.

Sequor Law handles all aspects of debt enforcement.  We routinely lead efforts at pre-litigation negotiations including workouts, forbearances, and standstill agreements.  We are experienced in obtaining various pre-judgment remedies such as replevin, garnishment, attachment, injunctive relief, and freezing orders.  Regarding commercial mortgage loans, we have handled foreclosures on a wide variety of real property including apartment complexes, unfinished condominium towers, office buildings, gas stations, car washes, warehouse space, and retail space.  Regarding personal property liens, we have enforced rights against all kinds of collateral including airplanes, helicopters, automotive fleets/floor plan, heavy machinery, accounts receivable, general intangibles, stock and membership interest as well as esoteric forms of collateral such as commercial tort claims and intellectual property rights.

Sequor Law enforces debt judgments whether obtained in the US or abroad.  That effort includes perfecting judgment lien rights, locating and collecting assets, directing asset levies and executions, and all manner of post-judgment garnishments and attachments.  We are well versed in litigating fraudulent transfer, successor liability, and alter-ego/piercing the veil claims.

In cases involving international debts, Sequor Law often leads multi-jurisdictional debt enforcement cases by spearheading efforts in various locations in both common law or civil law legal regimes.

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Casos Representativos

Equipo

Representative Cases

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Represented the Government of Peru in an action brought in Miami, Florida, in which the plaintiff in the action sought to attach the plane in which the President of Peru would be flying to the United States as security for proceedings filed here. Simultaneously asserting defenses of insufficient service of process under the FSIA, lack of personal jurisdiction, and failure to state a claim, among others, Sequor Law also argued on Peru’s behalf that Peru was immune from attachment or suit pursuant to the FSIA. Ultimately, the court held that the plane in which the Peruvian President was traveling was not subject to attachment as it was «military hardware» and the President was the «commander in chief» of the military of Peru under the FSIA.

Represented Creances, S.A.S., («CDR»), as the successor to Societe de Banque Occidentale («SDBO») and an instrumentality of the Republic of France, charged with obtaining value for the assets of insolvent French financial institutions. The subject matter of the dispute was the perpetration of a fraud by a borrower in favor of whom a loan in the amount of nearly US$100 million had been issued that ultimately led to the sale of the land securing the loan without paying off the loan. Sequor Law assisted in developing the strategy that ultimately led to the recovery of millions of dollars in real estate.

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