David Lutz Attorney on Secured Transactions, Litigation, and Protecting Creditor Rights

 In commercial lending and business finance, the difference between recovery and loss often comes down to how well creditor rights are established, perfected, and enforced. Secured transactions and related litigation demand precision, foresight, and a deep understanding of both statutory law and courtroom realities. David Lutz has built a practice centered on protecting creditor rights through disciplined transactional planning and strategic litigation.

With more than 25 years of experience, David Lutz advises financial institutions, businesses, and secured creditors on how to minimize risk and maximize enforceability at every stage of a transaction.

The Foundation: Properly Structured Secured Transactions

A secured transaction is only as strong as its documentation and perfection. David Lutz counsels lenders and businesses on structuring secured credit arrangements that withstand scrutiny from borrowers, competing creditors, trustees, and courts.

His work in this area includes:

• Drafting and negotiating security agreements

• Preparing and filing UCC financing statements

• Advising on collateral descriptions and scope

• Structuring guarantees and cross-collateralization

• Addressing after-acquired property and proceeds

David’s approach emphasizes clarity and enforceability. By anticipating how documents will be interpreted in a dispute, he helps clients avoid common drafting flaws that can undermine a secured position.

Mastery of UCC Article 9

UCC Article 9 governs most secured transactions, but its complexity creates frequent traps for the unwary. David Lutz is particularly valued for his in-depth understanding of Article 9 and its practical application.

He advises clients on:

• Perfection by filing, possession, or control

• Deposit Account Control Agreements (DACAs)

• Priority rules and exceptions, including PMSIs

• Competing liens and creditor hierarchies

• Continuation, amendment, and termination issues

Because David regularly litigates Article 9 disputes, his transactional advice is informed by real-world outcomes—not just statutory theory.

Protecting Creditor Rights When Disputes Arise

Even well-documented transactions can end in conflict. When borrowers default or competing claims emerge, creditors need swift and decisive legal action. David Lutz represents secured creditors in disputes involving:

• Lien priority contests

• Challenges to perfection or attachment

• Claims by unsecured or junior creditors

• Disputes arising in insolvency and workout contexts

His litigation experience allows him to assess strengths and weaknesses early, develop leverage, and pursue strategies that protect recovery.

Litigation That Supports, Not Undermines, Business Goals

Commercial litigation can quickly become expensive and disruptive. David Lutz approaches creditor litigation with a focus on outcomes, not theatrics. His strategy emphasizes:

• Early case assessment and risk analysis

• Targeted motion practice, including summary judgment

• Strategic use of enforcement remedies

• Negotiation informed by litigation readiness

Clients benefit from an attorney who understands when to press aggressively and when resolution serves their broader business interests.

Enforcement and Remedies

Protecting creditor rights ultimately requires enforceable remedies. David Lutz assists clients with the full range of enforcement options available to secured creditors, including:

• Collateral repossession and disposition

• Foreclosure actions

• Appointment of receivers

• Enforcement against guarantors

His experience ensures that enforcement actions comply with statutory requirements while preserving claims and minimizing exposure to counterclaims.

Why Experience Matters in Secured Transactions

Secured transactions sit at the intersection of contract law, statutory compliance, and litigation risk. Errors in any one area can jeopardize an otherwise sound credit decision. David Lutz’s combined transactional and litigation background gives clients a comprehensive perspective that few attorneys can offer.

Rather than treating documentation and litigation as separate disciplines, David integrates them into a single strategy designed to protect creditor interests from origination through enforcement.

Conclusion

Secured transactions and creditor rights require more than form documents and reactive litigation. They require foresight, technical knowledge, and strategic execution. David Lutz Attorney provides lenders and businesses with practical legal guidance grounded in decades of experience protecting secured positions and enforcing creditor rights.

For clients navigating complex credit arrangements or high-stakes disputes, David Lutz offers the clarity, judgment, and advocacy needed to protect what matters most.