Our Insolvency and Commercial Bankruptcy Practice Group is well known both locally and nationally for its extensive experience in the representation of creditors, debtors, trustees, creditors' committees and receivers.
Additionally, this Group has available to it the collective experience of our other practice groups, including business, real estate, environmental, tax and insurance matters, to provide the transactional and litigation support that is often critical in insolvency and bankruptcy matters.
Advising the Financially Troubled Business
The Insolvency and Commercial Bankruptcy Practice Group has long advised large and small businesses facing financial difficulty, providing experienced representation to the distressed business both in the bankruptcy courts and in private workout arrangements. By providing experienced counsel in all phases of workout and Chapter 11 reorganization, including developing and implementing effective workout agreements and reorganization plans, we are able to assist our debtor and trustee clients with the decisions that are critical to saving troubled businesses.
Resolving Troubled Loans
Creditor clients normally face two primary concerns: getting paid and reducing future risk. Our insolvency lawyers are experienced in strategies designed to implement operational plans and effectively reduce the likelihood of increased risk. We have broad experience in the negotiation and preparation of transactional and financing documents, workout agreements, deed-in-lieu agreements and forbearance agreements. We are also regularly involved in the filing and prosecution of judicial and nonjudicial foreclosure proceedings, state and federal receivership proceedings, guaranty actions, adversary litigation (e.g., preferences, equitable subordination and fraudulent transfer litigation), debtor-in-possession financing motions, automatic stay relief motions and confirmation and cramdown trials. We routinely represent clients in connection with cash collateral motions, motions to dismiss, complex reorganization plans, bankruptcy court asset sales, and the assumption and assignment of executory contracts and leases. We may recommend the creation of strategic alliances among creditors, the negotiation of favorable loan terms, or the creation and presentation of pre-packaged or post-filing bankruptcy reorganization plans.
Trustees and Creditors' Committees
We advise court-appointed trustees in complex reorganizations and liquidation proceedings. As creditors' committee counsel, we know how to work with the trustees and their counsel to maximize the return to the creditor body.
Acquiring Assets from Distressed Businesses
A business in financial difficulty often presents an opportunity for competitors or principals to acquire valuable business assets at distressed prices. Our insolvency attorneys have experience in representing purchasers of assets from distressed businesses, through emergency motions and traditional or "pre-packaged" reorganization plans, to maximize our clients' business opportunities.
Receiverships, Foreclosures and Related Litigation
The Insolvency Practice Group also provides receivership, foreclosure, and insolvency-related litigation services in state and federal courts. These services include the prosecution and defense of judicial and non-judicial foreclosures on real and personal property, the prosecution and defense of preference and fraudulent transfer litigation, representation in receivership proceedings of lenders, asset managers and receivers, negotiation of deeds in lieu of foreclosure, and negotiation of the sale of real estate owned (REO) properties.