Creditors’ Rights

At Melchert Hubert Sjodin, we help businesses solve complex problems and commercial disputes, and pursue debts owed them by individuals and businesses. Our creditors’ rights attorneys collaborate with you to devise the appropriate strategy to protect and pursue your rights as a creditor. We use our vast experience to represent you in debt related disputes, bankruptcy proceedings, and commercial litigation.

The Creditors’ Rights attorneys at Melchert Hubert Sjodin know how to quickly assess a businesses’ remedies and rights to repayment, whether or not the debt is secured or unsecured, arises out of one or a series of business transactions, is the result of an improvement to real property, a sale, or a lease, or the dispute is related to a more conventional borrower/lender relationship.

Our attorneys take pride in educating our clients about the array of options available in any situation, but do so with a pragmatic approach, keeping an eye on the possible expenditure of resources that may be involved, as well as the likelihood of realizing upon the judgment and collateral.

Our clients include:

  • Small and mid-size businesses
  • Banks
  • Leasing companies
  • Commercial property landlords
  • Farmers
  • Construction companies
  • Manufacturers


  • Collections
    • Demand letters
    • Pre-suit investigation
    • Declaratory judgment actions to establish the right to collect
    • Documentation, assertion, and enforcement of mechanic’s liens
    • Foreclosure
    • Replevin
    • UCC Article 9 Remedies
    • Receiverships
    • Assignments for the benefit of creditors
    • Judgment and collection litigation
    • Executions, levies, and garnishments
    • Post-judgment discovery and collection
    • Recovery of collateral
    • Documenting disposition methods
  • Creditor Bankruptcy Rights
    • Fraudulent conveyances
    • Reaffirmation agreements
    • Relief from automatic stay
    • Preference disputes
    • Discharge litigation
  • Loan Restructuring and Workouts
    • Confessions of judgment
    • Deed in lieu of foreclosure
    • Voluntary foreclosure
    • Forbearance agreements
    • Loan amendments
    • Receiverships
    • SBA offer in compromise agreements
    • Surrender of collateral
    • Documenting disposition of collateral


  • Foreclosed mixed-use commercial properties and real estate developments
  • Successfully represented creditors in U.S. Bankruptcy Court
  • Litigated priority disputes among creditors
  • Negotiated, documented, and closed numerous surrender agreements
  • Provided training to clients and management companies regarding SNDAs, commercial landlord-tenant law, and changes to Minnesota statutes governing receivers
  • Successfully guided clients through maze of Minnesota laws governing collection of agriculture assets
  • Represented clients in disputes with government guaranty agencies
  • Successfully defended bank clients against loan repurchase demands
  • Cleared title issues affecting REO properties
  • Litigated guaranty claims