An entity to whom an obligation is owed because it has given something of value in exchange. This can take the form of “secured debt,” which is debt backed by a mortgage, pledge of collateral, or other lien or debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages and auto loans (replevin). Other debts may be considered “unsecured” if no collateral has attached. These take the form of collections and typically involve garnishments.Creditor Law
We offer legal guidance and experienced representation to banks and lenders in Colorado. We represent lenders in creditors actions. Our firm has a record of accomplishment in a wide range of cases, including:
Replevin of assets;
Collections, including note suits;
Handling creditors’ rights matters in consumer and business bankruptcy cases.
Our firm’s long-term experience and focus on the representation of banks and other lending institutions allows us to be committed to offering legal services that are custom-tailored to our clients’ needs and responsive to changes in the state and federal laws and regulations that govern the banking and financial industry.
We have extensive bankruptcy experience representing financial institutions of all types, including banks, automobile finance companies and agricultural lenders. We have litigated adversary proceedings, including nondischarge and nondischargeability actions and priority disputes.Creditor Bankruptcy
Our experience has shown that diligent and constant work on a file is the best way to generate positive results. As such, we move a case through the litigation system as promptly and efficiently as possible. Douglas D. Koktavy, P.C. also recognizes that the best settlement opportunities arise through this process. We accept a smaller number of cases in order to devote hands on time for each of our staff members to solve your problem accounts.Collections
One of the many ways our firm assists banks, equipment lessors, auto finance companies, and other financial institutions in asset recovery, repossession, and collateral recovery efforts is through a complaint for replevin. Replevin is an efficient way to legally repossess collateral from the stubborn debtor when self-help has failed.Replevin
Some businesses are located outside of Colorado. Other businesses hire an attorney outside of Colorado. Both of these result in the need for “local counsel.” The attorney then seeks out Colorado counsel to represent the business as needed. Douglas D. Koktavy, P.C. frequently
serves as local counsel for national businesses and out-of-state law firms in cases that have a Colorado connection. You can trust us to protect your reputation, to provide the highest level of service to your clients, and to handle your business litigation and transaction cases with competence and integrity.
If your law firm has clients who need proven and reliable legal representation in Colorado, our lawyers can provide assistance for a single case or form a long-term relationship for their ongoing needs. Contact us to discuss your situation.
A commercial dispute results when one or more of these parties is a business entity such as a partnership or a corporation.
Commercial litigation and other types of civil litigation typically proceed in the same way. The Plaintiff retains an attorney, both sides conduct factual investigations, attorneys on both sides research applicable law, engage in settlement negotiations, the Plaintiff’s attorney files the lawsuit, both sides conduct discovery, participate in motion practice, go before a judge or jury to try the case, file motions post-trial, and whatever else may be required depending on the specific case.
"We have used Mr. Koktavy as our local counsel for our consumer bankruptcies since December of 2000. Since that time, he has demonstrated his ability to meet, and exceed, the high standards that we set for our attorneys."