We dedicate ourselves to understanding our clients and helping them with their changing business challenges. Our primary goal is to achieve effective solutions for even the most complex issues and to assist our clients in minimizing their financial exposure.
Our attorneys represent secured lenders, financial institutions, and other sophisticated investors, in structuring and restructuring financial products to limit bankruptcy and commercial risks. We advise clients on the structure and bankruptcy implications of proposed transactions (including mergers and acquisitions), collateralized debt obligations, trade receivables, structured financings, mortgage loans, and other transactional work. We counsel debtor clients through the bankruptcy process in Chapters 7 and 11. We also advise prospective debtors regarding alternatives to bankruptcy, including assignments for the benefit of creditors (ABCs).
Our clients include debtors, private and public debt and equity holders, creditor committees, equity committees, trustees, examiners, landlords, lenders, financial institutions, and purchasers of assets from troubled companies. We have handled every aspect of a deal and know the key issues involved in acquiring businesses in and out of bankruptcy. We have also counseled investors on acquiring debt positions in distressed companies to gain control over companies through the bankruptcy reorganization process.
Our experienced litigation attorneys handle matters involving bankruptcy and creditor/debtor issues in federal and state courts. We represent debtors, creditors, committees, fiduciaries and lender groups in a range of disputes: complex litigation, creditors’ rights and claims, avoidance actions, and confirmation and valuation issues. We develop cost-effective strategies to meet the specific needs in each case and employ a full range of options, including negotiation, mediation, and litigation to achieve the best results for our clients.
Our bankruptcy litigation experience includes:
- Purchase and sale of assets in bankruptcy
- Rejection and assumption of executory contracts and unexpired leases
- Relief from the automatic stay
- Preference and fraudulent transfer litigation
- Filing, defending, and objecting to proofs of claims
- Cash collateral negotiations, agreements, and motions
- Evaluating, negotiating, and objecting to Chapter 11 Plans of Reorganization
- Preparing and confirming creditor plans in Chapter 11 cases
- Post-petition financing
- Chapter 12 agribusiness bankruptcies
- Creditor committee representation
- Prosecution of non-discharge ability/objection to discharge adversary proceedings
- Bankruptcy appeals