DAVID LIN is an accomplished attorney in the areas of creditors’ rights and insolvency/bankruptcy, with substantial experience and a lengthy record of obtaining favorable outcomes for lenders dealing with distressed loans and borrower insolvencies. He has successfully represented the diverse interests of lenders in both pre- and post-judgment stages of commercial litigation proceedings against borrowers, guarantors, and competing creditors.
With a relentless focus on maximizing recoveries for his clients, David has protected and advanced the pre-petition interests of lenders and other creditors in multiple types of proceedings, including:
- Non-judicial foreclosures by advertisement of commercial and industrial properties;
- Commercial litigation on behalf of both national and regional banks, and other lenders, to enforce repayment of commercial promissory notes and guaranties;
- Judicial foreclosure actions, combined in some instances with the imposition of court-appointed receivers;
- Enforcement of assignments of leases and rents; and
- UCC Article 9 private and public foreclosure sales.
A seasoned bankruptcy practitioner, David assists lenders and other creditors in all stages of the bankruptcy process after a debtor files for bankruptcy relief. He works closely with clients, guiding them carefully through each step. This includes reviewing and analyzing bankruptcy schedules and statements, preparing them for first-day motions and negotiating cash collateral orders, filing proofs of claim to preserve their rights to payment, attending meetings of creditors and taking Rule 2004 examinations, and reviewing and analyzing Chapter 11 plans and disclosure statements.
David also leverages his formidable advocacy skills in proceedings for relief from the automatic stay and objections to Chapter 11 reorganization plans. He has also represented creditors in adversary proceedings against debtors to determine the dischargeability of certain debts they owe or to object to their discharges in bankruptcy. Additionally, David has represented creditors in defenses to claims to avoid preferential and voidable transfers.
David has a special focus on personal bankruptcies, with years of experience representing personal debtors in Chapter 7 liquidations and Chapter 13 debt-adjustment cases.
A graduate of Northwestern University, David earned his law degree from Loyola University Chicago School of Law.
