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Bankruptcy / Creditors’ Rights

Today, fewer businesses coping with distress are following the path of traditional restructuring. If you are facing any sort of stress or distress, we will quickly get up to speed on your issues and craft the best, customized strategy to meet your objectives, maximize your value, and minimize your risk. It might be in court or out. It might involve new capital or strategic support. It might involve offense as the best defense or a protective approach to your future. Or it will take advantage of our broad industry exposure that brings a “best of breed” approach to your particular solution. Underpinning all work, our team is always your business counselor as well as your legal advisor. We align our fees to your returns.


Bankruptcies and Out-of-Court Workouts

Whether you are a debtor, creditor or investor, call us if you need help with any of the following:

  • Debt restructuring
  • Investor recovery
  • Asset acquisitions and sales
  • Loan workouts and forbearance agreements
  • Pre-bankruptcy, Chapter 11, and Chapter 7 counseling
  • Asserting creditors’ rights in insolvency proceedings
  • Collateral liquidation
  • Real estate foreclosure modification and workouts
  • Avoidance litigation, including preference and fraudulent transfer actions

We are well-equipped to handle all issues that typically arise in distressed M&A transactions, including in Section 363 sales, non-bankruptcy transactions and foreclosures. These issues include establishing the entity that will acquire the assets, performing legal due diligence, negotiating all necessary purchase and sale documentation, negotiating and developing bidding and auction procedures in Section 363 sales, and litigating contested bidding procedures and auction results.

Turnaround Restructuring

Our Creditors’ Rights & Business Reorganization practice group works with our corporate team and consulting professionals to minimize clients insolvency and bankruptcy-related risks. Our team includes industry experts to help develop and execute turnaround plans. Our attorneys negotiate and prepare inter-creditor agreements and agreements among lenders. We also offer legal opinions with respect to consolidation, fraudulent conveyance, letter of credit and other matters.

Bankruptcy / Creditors’ Rights

Our Creditors’ Rights and Business Reorganization practice represents lenders, investors, purchasers of distressed companies and assets, landlords, vendors, indenture trustees, administrative agents and other parties in insolvency-related matters nationwide. Our attorneys work closely with attorneys in the Firm’s litigation, corporate, financial services, real estate and employment practices to provide seamless and comprehensive services to effectively and efficiently address insolvency and restructuring matters.

Crisis Litigation

We represent clients in a wide array of debtor/creditor disputes and inter-creditor disputes, including preference and fraudulent transfer litigation, lender liability claims, litigation over disputed bankruptcy claims, plan confirmation disputes and equitable subordination litigation. We represent secured and unsecured creditors and investors in Chapter 11 reorganizations, Chapter 7 liquidations and out-of-court workouts. We also represents secured lenders in foreclosures, as well as in credit-bidding for their collateral in bankruptcy auctions. Our attorneys advise clients regarding creditors’ rights issues arising in asset securitization and real estate acquisitions, sales, financing and foreclosures.