Bankruptcy, Restructuring and Workout Group | Subpractice Areas
Business and Corporate Reorganization (Company / Debtor Representation)
- Chapter 11 Reorganization: Representation of debtors in all phases of Chapter 11 proceedings, including financing and cash collateral hearings, severance and retention hearings, asset disposition hearings, exclusivity contests, disclosure statement and confirmation proceedings, claim disputes and avoidance actions
- Asset Sales: Counseling clients in the process of pursuing reorganization and sale strategies during Section 363 sales
- Out of Court Workouts: Counseling and litigation for distressed companies in connection with reorganization and restructurings outside of bankruptcy court
- Financial Arrangments: Counseling on financial arrangements before, during and after bankruptcy
- Nonbankruptcy sales and liquidations: Representation of debtors in non-bankruptcy liquidations, including assignments for the benefit of creditors and dissolutions governed by state corporate statutes
- Small Business Chapter 11 Reorganization: Representation of Closely Held/Small Business in Chapter 11 Reorganization
Secured Lending and Collection (Secured Creditor Representation)
Workouts and Debt Restructuring
- Workouts: Completing workouts of troubled accounts or loans
- Default: Default and acceleration issues
- Forbearance: Forbearance issues
- Collateral: Collateral addition and enhancement
- Intercreditor: Intercreditor and subordination issues
- Composition Agreements: Issues relating to composition agreements
- Foreclosure: Foreclosure/Article 9 Sales/Collateral Recovery
- Credit: Legal issues in credit decisions
- Guaranties: Obtaining guaranties
- Letters of Credit: Negotiating and reviewing letters of credit
- Security: Taking purchase money and other UCC security interests
Unsecured and Trade Creditors (Unsecured Creditor Representation)
Chapter 11 Bankruptcy:
- Official Committee of Unsecured Creditors Representation: Counsel to creditors’ committees in Chapter 11 cases
- Ad Hoc Unsecured Creditor Committee Representation: Counsel to unofficial alliances of holders of unsecured claims against the debtor
- Chapter 5 | Preference and Fraudulent Transfer Defense : Advice on minimizing bankruptcy preference and fraudulent conveyance/transfers risks and defense of adversary proceedings to recover preferences or fraudulent conveyances/transfers.
- Involuntary Bankruptcy and Collections: Utilizing the involuntary bankruptcy proceedings to institute direct collection actions against the Debtor.
- Trade Vendors/Suppliers: Enforcing reclamation rights and 509(b)(9) rights
- Landlords: Advise landlords on prebankruptcy collection and eviction and maximizing recoveries in Chapter 11 proceedings.
- Equipment Lessors. Advise equipment lessors on prebankruptcy collection repossession and maximizing recoveries in Chapter 11 proceedings.
- Franchisors: Advise franchisors on prebankruptcy negotiations and terminations and maximizing recoveries in Chapter 11 proceedings.
- Intellectual Property Licenses: Advising licensees and licensors on prebankruptcy insolvency issues and Chapter 11 strategy.
- Asset/Business Purchasers: Acquiring assets and businesses from bankrupt or distressed entities
- Cross-Border Insolvency: Understanding and experience in working with cross border insolvency issues taking place in Canada and Mexico
Nonbankruptcy Creditors’ Rights
- Commercial collections: Collecting on customer accounts, commercial claims and other business debt collection activities
- TRO | Injunctions: Obtaining temporary protective orders or attachments
- Receiverships: Obtaining receiverships