Creditor’s Rights

Creditor’s Rights

Assisting Lenders, Creditors, Consumers and Commercial Clients

The Bardwell Firm handles regulatory, compliance and risk management issues for our lender, creditor, consumer and commercial clients. We deal with changing legal standards and help our clients comply with rules and regulations. We offer litigation and advisory services across a broad range of legal issues, including:


  •  Banking regulations
  • Secured transactions
  • Commercial borrowing and lending
  • Consumer protection

Banking Regulations

The Federal Reserve regulates banks, managing the nation’s money supply through monetary policies that stabilize inflation or deflation, moderate long term interest rates or maximize employment opportunities. Lenders and borrowers watch opportunities rise and fall in relation to these systemic pressures. At The Bardwell Firm, we work closely with financial institutions to implement policies in compliance with state and federal laws. The scope of our practice encompasses:


  • Bank representation
  • Creditor Bankruptcy and foreclosure actions
  • Conflicting claims against a joint account
  • Exercise of the right to set-off
  • Collections litigation
  • Allegations of unauthorized use of debit and credit cards
  • Creditors’ rights litigation
  • Creditor liens and loans

Secured Transactions

Lenders may secure loans made to borrowers by requiring down payments or other collateral. In the event of default, the borrower cedes the right to collateral used to secure the loan. There are limits to what types of collateral may be used to secure a loan. We can advise you about any of the following legal issues:

  • Securitizations
  • Derivatives
  • Investment securities
  • Letters of credit
  • Audits
  • Loan workouts
  • Bankruptcy reorganization
  • Remedies under the Uniform Commercial Code (UCC)

Commercial lending and borrowing

Securing financing for business development or expansion can be difficult. Credit checks and due diligence may reveal risks or liabilities that could raise interest rates on the loan or otherwise impact the eligibility of your business for financing. We regularly advise clients about the following legal issues:


  • Promissory notes
  • Loans
  • Security and guaranty agreements
  • Blocked accounts
  • Deposit account control agreements
  • Joint accounts
  • Revolving credit
  • Term loans
  • Equipment leasing and finance
  • Letters of credit
  • Mergers and acquisitions
  • Purchase and sale agreements
  • Reorganization
  • Organization of holding companies
  • Lines of credit


If you need assistance with a banking matter in North Central or Northwest Arkansas, or Oklahoma contact the Harrison, Arkansas offices of The Bardwell Firm for help.

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