Milwaukee Waivers and Releases Lawyer

When a debtor fails to meet its loan or lease obligations, the creditor is faced with several options—whether to file suit immediately, attempt to recover the collateral, negotiate a revised payment plan, or refer the matter to a third party for collection. The appropriate course of action depends on numerous factors and the overall context of the situation. When companies encounter these challenges, our Business & Financial Services attorneys guide them through loan workouts tailored to their specific circumstances. Particular care must be taken with the language of waivers, releases, and other provisions that forbear or limit rights—especially in the construction industry.

Banks, asset-based lenders, equipment financiers, and other service providers regularly turn to KMK to protect their rights when commercial borrowers default. We approach workouts as an opportunity to maximize lender recovery by steering borrowers toward refinancing or repayment under mutually acceptable terms, rather than allowing a default to progress. Our attorneys work closely with clients to review loan documentation, set strategic goals, draft loan amendments or forbearance agreements, and implement workout plans that offer enhanced protections and a streamlined path to judgment should issues reoccur.

We also counsel lenders on how to respond to borrower fraud, lender liability claims, environmental concerns, regulatory hurdles in the borrower’s industry, competing creditor claims, and other risks that may arise during the workout process. After an agreement is in place, KMK attorneys monitor compliance and, in the event of a breach, quickly advise clients on the next steps to enforce the agreement. If litigation becomes necessary, our clients can rely on KMK’s experienced Business Litigators to advocate effectively and position them for the strongest possible outcome.