Bankruptcy & Creditors’ Rights

Chapter 11 cases:

• Participated in the successful confirmed plans of reorganization for businesses in the following industries: retail store chains; chain of franchised restaurants; commercial transportation, including rail and motor carriers; hardware stores; apartment complexes; industrial manufacturing;  and hospitality
• Participated in the sale of substantially all of the debtor’s assets in the following industries: industrial production; apartment complexes; motor carriers; retail sales chains; strip mall owners; golf courses; healthcare; railways; communications; and steel and foundries
• Obtained critical vendor status for clients
• Handled requests for treatment of public utility claims on behalf of creditors
• Handled assumption and rejection of commercial leases and executory contracts
• Handled cases related to protection of intellectual property licensed to the debtor
• Negotiated use of cash collateral with protections for secured lenders
• Represented Chapter 11 trustees in the following industries: communication satellites; grain elevators; and professional sports
• Represented high net worth individuals in confirming chapter 11 cases
• Represented commercial liquidator in obtaining authority to conduct going out of business sales
• Represented insurers and government entities in connection with mass tort cases

Secured lender representation:

• Filed and litigated motions to sequester cash collateral or terms and conditions of cash collateral use
• Sold claims to parties interested in purchasing assets at sales
• Filed and litigated motions for relief from stay and for adequate protection
• Filed and litigated objections to the dischargeability of claims and denial of discharge
• Litigation of valuation and surcharge issues

Chapter 7 cases:

• Represented sub-landlord in connection with lease rejection issues
• Represented Chapter 7 trustee where the debtor operated in the following industries: home mortgages; financial services; wedding apparel; agriculture; vending machines; and manufacturing/industrial

Other bankruptcy cases of interest:

• Represented farmers in both Chapter 11 and Chapter 12 cases
• Represented creditors filing involuntary petition to prevent dissipation of assets
• Litigated motions to send two party disputes back to state court under Bankruptcy Code’s abstention doctrine
• Prosecuted and defended preference and voidable transfer (f/k/a fraudulent transfer) cases
• File claims and handle claims litigation

Other insolvency work:

• Represent state court receivers
• Commercial foreclosures, including deeds in lieu of foreclosure
• Commercial workouts, including forbearance agreements
• Assignments for the benefit of creditors
• Article 9 sales
• Post-judgment collection
• Pre-judgment remedies