Bankruptcy & Restructuring: Areas of Practice

Debtor Representation

  • 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
  • Counseling and litigation for distressed companies in connection with reorganization and restructurings outside of bankruptcy court
  • Counseling on financial arrangements before, during and after bankruptcy
  • Representation of debtors in non-bankruptcy liquidations, including assignments for the benefit of creditors and dissolutions governed by state corporate statutes

Creditor Representation

Bankruptcy

  • Counsel to creditors' committees in Chapter 11 cases
  • Acquiring assets from bankrupt or distressed entities
  • Defense of preference and fraudulent transfer actions
  • Advice on executory contracts, leases, intellectual property licenses and other transactions involving insolvency issues
  • Litigation involving involuntary bankruptcy petitions
  • Preparing and litigating proofs of claim

Workouts and Debt Restructuring

  • Completing workouts of troubled accounts or loans
  • Default and acceleration issues
  • Forbearance issues
  • Collateral enhancement
  • Intercreditor and subordination issues

Credit Finance

  • Legal issues in credit decisions
  • Obtaining guaranties
  • Negotiating and reviewing letters of credit
  • Taking purchase money and other security interests
  • Advice on minimizing bankruptcy preference and fraudulent conveyance risks

Creditors' Rights

  • Enforcing reclamation rights
  • Pursuing commercial collections
  • Recovering collateral for secured creditors
  • Obtaining temporary protective orders or attachments
  • Obtaining receiverships
  • Enforcement of judgments

In addition, we represent equity committees, shareholder committees, and employee and retiree committees.


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