AZA’s commercial lending and bankruptcy practice focuses on commercial loans and bankruptcy litigation involving creditors, debtors, committees, and trustees. In state court, federal court, arbitration, and bankruptcy court, AZA has handled over $500 million in claims involving:

• Fraudulent transfers and voidable preferences
• Lien avoidance and priority disputes
• Fraud and fiduciary duty claims
• Veil piercing and successor liability
• Chapter 11 dismissal
• Cash collateral disputes
• Claim objections
• Plan confirmation and disclosure statement approval
• Lender liability
• Rule 2004 examinations
• Foreclosure proceedings
• Appointments of receivers and trustees

Unlike many firms in this area, AZA routinely tries cases. AZA’s wins include:

• In Texas state court, obtaining a temporary injunction for a secured creditor after the borrower attempted to fraudulently transfer the collateral. To attempt to circumvent the injunction, the borrower filed for Chapter 11. After multiple evidentiary hearings, AZA defeated the borrower’s cash collateral motion and obtained dismissal of the Chapter 11 case.
• Obtaining a unanimous jury verdict in federal court on questions of priority under Article 9 of the Uniform Commercial Code, fraudulent transfer, and veil piercing that resulted in dismissal of $50 million of fraudulent transfer claims in related cases.
• After a nine-week arbitration hearing, defeating $130 million in fraud and veil piercing claims.
• After cross examining the trustee’s insolvency expert in a jury trial in Texas state court, obtaining the nonsuit of the trustee’s fraudulent transfer claim regarding $30 million in real estate.
• After a bench trial in Texas state court, obtaining a declaratory judgment, attorney’s fees, and the dismissal of fraudulent transfer and veil-piercing claims.
• Obtaining take-nothing verdict in Texas state court against a trustee’s fraudulent transfer claims.

AZA’s trial experience in this area also results in early settlements. Through aggressive negotiations, AZA has obtained over $80 million in settlements for secured lenders. In several cases, the borrowers paid 100% of the balance owed.