Bankruptcy & Creditors’ Rights

Our bankruptcy and creditors’ rights group provides nationwide transactional and litigation services to financially troubled entities, secured lenders, trustees, receivers, unsecured creditors, official creditor and equity securityholder committees, landlords, buyers and sellers of assets, lessors, lessees, investors and insurers, among others, in the following settings:

• Chapter 11 reorganization cases
• Chapter 7 liquidation cases
• Out-of-court loan restructurings and “work-outs”
• Asset recovery and foreclosure
• Debtor/creditor litigation in federal and state courts
• Receiverships and assignments for the benefit of creditors
• Dissolutions and winding-up of business entities

We combine decades of legal experience, a relentless commitment to excellence and a profound concern for clients so that we may best attack even the most intractable problems.

Our Background

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