Peter understands that a creditor’s recovery depends on the law selected to assert its rights under the circumstances it faces. Selecting the right approach requires consideration of all options, including the origin, purpose, and reach of each. When insolvency results in a formal proceeding under the federal bankruptcy code, Peter’s advocacy of a creditor’s rights in bankruptcy begins with a thorough identification of the creditor’s rights under the state laws that underlie the bankruptcy laws.
Once he and the client establish their goal, Peter lays out alternative paths to get there, one by way of the courts and the other by way of agreement. Most disputes in bankruptcy cases are resolved consensually, but devising the most powerful litigation path provides the most leverage for achieving the best agreement. However, Peter knows when consensus is not forthcoming, and when it is time to go to a judge for resolution.
In bankruptcy, his record includes a string of victories on bankruptcy code issues in federal trial and appellate courts, which he has achieved for lenders, suppliers, and creditors’ committees. He also has won in Michigan courts in commercial and insolvency disputes.
