Out-of-Court Workouts & Creditor Compositions.

Precision applied before the courthouse door opens.

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OVERVIEW

Not every financially distressed situation requires or benefits from formal insolvency proceedings.

Out-of-court workouts and creditor compositions offer a faster, more private, and often less expensive path to restructuring obligations, preserving going-concern value, and achieving recoveries that would be diminished by the costs and uncertainties of litigation. But these negotiations are complex: they require the voluntary cooperation of multiple creditors, transparent assessment of the debtor’s financial condition, and creative structuring that addresses competing priorities.

Jeremy has spent four decades guiding parties through both formal and informal restructuring processes. He understands the leverage dynamics, the holdout problems, and the critical question that drives every workout: is the value preserved through consensual resolution greater than what any party would recover through litigation and enforcement?

THE EXPERTISE

Representative Matters

01

Multi-Creditor Workouts

Workout negotiations involving forbearance agreements, debt restructuring, and payment plans across multiple creditor constituencies.

03

Creditor Compositions

Composition agreements requiring unanimous,supermajority or critical mass creditor consent to restructure obligations outside of court.

02

ABCs & Receiverships

Assignments for the benefit of creditors and receivership alternatives to formal bankruptcy proceedings.

04

Pre-Bankruptcy Negotiations

Negotiations where the threat of a formal filing shapes the workout terms and drives parties toward consensual resolution.

MATTERS RESOLVED

Types of Disputes We Mediate.

Each category below represents hundreds of mediations where Jeremy’s firsthand experience as former counsel informs every aspect of the resolution process.

Foreclosure & Lien Enforcement

Disputes arising from mortgage foreclosures, mechanic's lien enforcement, and secured party sales where procedural requirements and valuation issues create contested proceedings.

Collection & Garnishment

Contested collection actions including wage and bank garnishments, turnover proceedings, and debtor exemption claims that require balancing creditor rights with debtor protections.

Voidable Transfer Claims

Actions to recover assets transferred by debtors to frustrate creditor collection efforts — involving complex tracing, timing, and intent analysis under state and federal law.

Receivership Disputes

Contested receivership proceedings including appointment disputes, receiver authority challenges, and conflicts over the administration and disposition of receivership assets.

Creditor Priority Disputes

Resolving conflicts between competing creditors over priority of liens, allocation of proceeds, and subordination agreements where multiple creditors claim the same collateral.

Asset Recovery Actions

The complexities of enforcing a judgment or other remedy.

“The best workouts happen when every party at the table understands one thing clearly: what they stand to lose by walking away. That clarity is what makes consensual resolution possible.”

Jeremy Richards

Mediator · Richards ADR

GET IN TOUCH

Ready to Resolve Your Dispute.

Whether you are negotiating a multi-creditor workout or structuring a pre-bankruptcy resolution, Jeremy’s experience across formal and informal restructuring processes can help find the path forward.