Claim Collection, Management and Preservation (Collateral)
1. Optimal Method for Preserving Claims
If you are conducting business with a new business partner, or engaging in a transaction that requires a large amount of upfront costs (such as manufacturing costs or purchase costs), or if there are any initial concerns about the financial condition of your business partner, before entering into such transaction, it is important to consider the most suitable measures to preserve your claims. Claims can be preserved in various ways, such as establishing various security interests over assets and real estate, security deposits, offsetting transactions, etc. However, it is important to prepare and execute the agreement most suitable to your situation, including basic agreements with your business partner. Upon making such selection, it is important to choose a method that is effective even after the initiation of bankruptcy procedures, in case the business partner goes bankrupt, by considering each business relationship individually.
Based on our experience with numerous bankruptcy cases, Oh-Ebashi LPC & Partners can assist you in arranging the ideal measures to ensure the preservation of your claims through preparing contracts and negotiating the execution thereof. Our firm has deep practical experience in special measures for claim preservation, such as through collective chattel mortgage (asset-based lending, ABL), collateral for intellectual property (such as patents), and collateral for receivables (including schemes using trusts and other financial instruments.).
2. Prompt and Ideal Claim Collection
When engaging in claim collection, a prompt response is essential. If you spend too much time deciding and preparing for the collection, no matter the method of collection that you choose, collection of such debt will be no more than pie in the sky. On the other hand, it is necessary to carefully consider what method of collection is the best option by taking into account the amount of credit, nature of the transaction, cost of collection, and so on.
Oh-Ebashi LPC & Partners has ample experience in collection of receivables, involving both big and small transactions. By taking advantage of our expertise in this area, we can offer the best means of claim collection in each scenario (such as litigation, provisional seizure, provisional disposition, demand notice, compulsory execution and other legal procedures, as well as voluntary repayment, etc.). Furthermore, when working on a claim collection case, multiple lawyers will work in a team to implement procedures for collection of the debt as quickly as possible.