The rights and concerns faced by secured creditors in bankruptcy are varied, sometimes complex and often highly dependent upon the nature of the collateral, the amount of hypothetical "equity" available over and above the secured claim and the relative posture of each of the general creditor, equity and management interests. Our firm offers unparalleled experience in analyzing and implementing secured creditor remedies throughout the bankruptcy process, including for the following general areas: 

    Stay Relief. In addition to having handled a full spectrum of standard relief motions for all nature of collateral and for most types of secured creditor entities, Pete Zemanian has successfully obtained stay relief in several unique and highly specialized circumstances: 

• Obtained emergency relief to enable the scheduled foreclosure of an office complex inVirginia Beach, when bankruptcy was filed in the midst of exceptionally burdensome publication requirements required under governing deed of trust. 
• Obtained nunc pro tunc stay relief validating an industrial landlord's postpetition remedial action to shut down the potentially environmentally hazardous operations of a debtor-tenant. 
• Sought and obtained declaration from a federal district court of the inapplicability of the automatic stay to protect junior lien interests. See In re March, 140 B.R. 387 (E.D. Va. 1992), aff'd 988 F.2d 498 (4th Cir.), cert. denied, 510 U.S. 864 (1993).

    Cash Collateral and Postpetition Lending. These secured creditor rights and interests are routinely negotiated at the inception (and sometimes before the filing) of most chapter 11 cases. We are experienced in all aspects of this negotiation and documentation process. If the circumstances require, we can handle swiftly and efficiently the presentation of evidence and arguments relevant to any contested matter that ensues from a failure of negotiations. 

    Lien Priority Contests. Occasionally, a secured creditor's lien position will be challenged in a bankruptcy proceeding, either on a valuation basis, for claimed defects in attachment or perfection, or under more creative debtor theories relating to adequate protection or collateral replacement. We have experience in handling each of these situations and note our success on the following illustrative cases: 

• Persuaded a Massachusetts bankruptcy judge to recognize the validity of the lien interests held by a premium finance company in the postpetition cash value of an airline-debtor's liability insurance policies. 
• Assisted with the successful prosecution and appeal of a deed of trust restriction limiting the coverage of the secured claim to the value and location of certain specified collateral. See Foothill Capital Corp. v. East Coast Bldg. Supply Corp., 259 B.R. 259 (E.D. Va. 2001). 
• Obtained a bankruptcy court order rescinding a sale, and requiring disgorgement of sale proceeds, due to an ineffective notice of sale afforded to a secured municipality creditor. See Harold & Williams Dev. Co., Inc., 163 B.R. 77 (Bankr. E.D. Va. 1994).