Business Restructuring, Creditors' Rights & Bankruptcy
We represent major secured and unsecured lenders, creditors’ committees, credit enhancement providers, debtors, and various other interested parties in finance transactions, workouts and bankruptcy matters. Clients benefit from our team’s substantial knowledge of bankruptcy and creditors’ rights law and skill in developing creative business strategies.
Our practice covers all aspects of bankruptcy and business restructuring issues involving:
- Asset Purchases & Sales
- Creditors’ Committees
- Customer & Supplier Issues
- Debtor Representation
- Indenture Trustee Representation
- Insolvency Litigation
- Landlord/Real Estate Developer Representation
- Lender Representation
- Lessor/Secured Lender Representation in Equipment Finance Matters
Clients turn to us for representation in commercial and bankruptcy related litigation including fraudulent transfer, preference, breach of fiduciary duty, deepening insolvency and corporate governance issues. Our lawyers serve as workout and bankruptcy counsel for clients in the financial, automotive, construction, manufacturing, steel, real estate, retail, health care and a variety of other sectors. We also offer significant experience in advising on cross-border insolvency and cases under Chapter 15 of the Bankruptcy Code.
A small sample of our experience includes:
- Representing financial institutions in complex workouts, debt restructurings and reorganizations.
- Advising agent banks in syndicated loan restructurings.
- Providing counsel to indenture trustees in large and complex Chapter 11 reorganizations.
- Serving as national coordinating bankruptcy counsel for significant clients, including a number of large manufacturing companies and financial institutions.
- Representing debtors and creditors' committees in Chapter 11 cases.
- Advising court appointed receivers, trustees and assignees for the benefit of creditors.
- Providing counsel to real estate developers in connection with landlord/tenant and partnership/joint venture issues in major Chapter 11 cases.
- Representing purchasers of assets in Section 363 bankruptcy sales.
- Advising clients on how best to position themselves to respond effectively to the financial instability of their customers and suppliers.
- Representing the court-appointed examiner in the Chapter 11 cases filed by Knights Lodging, Inc. and Economy Lodging Systems, the franchisor of Knights Inn Motels.
- Representing landlord interests in national retail Chapter 11 cases including Merry-Go-Round, Gantos, County Seat, Montgomery Ward and Edison Brothers Stores.
- Representing purchasers of assets out of bankruptcy.
- Representing one of the largest insurance companies in the United States in the following major Chapter 11 cases: Allegheny International (Western District of Pennsylvania); Allied/Federated (Southern District of Ohio); LTV Steel (Southern District of New York); Sharon Steel (Western District of Pennsylvania); Terex (Northern District of Ohio)
December 15, 2014
Bankruptcy Court Upholds Secured Creditor’s Right to Credit Bid, Rejects “Chilling” Argument - Business Restructuring, Creditors’ Rights & Bankruptcy Update
August 25, 2014
Supreme Court Rules on Bankruptcy Courts’ Constitutional Authority, Leaves Key Question Unanswered - Business Restructuring, Creditors’ Rights & Bankruptcy Update
June 11, 2014
Fourth Circuit Upholds Extension of U.S. Bankruptcy Code Protections to Intellectual Property Licensees in Chapter 15 Case - Business Restructuring, Creditors’ Rights & Bankruptcy Update
December 12, 2013
No Liability for Banks Under New York’s EIPA - Business Litigation Update
November 25, 2013
July 2013 Changes to Article 9 - Business Restructuring, Creditors’ Rights & Bankruptcy Update
July 08, 2013
Court Upholds Plan Provision Authorizing Payment of Fees to Members of Unsecured Creditors’ Committee - Business Restructuring, Creditors’ Rights & Bankruptcy Update
March 12, 2013
Circuit Split Alert! Sixth and Ninth Circuits Differ on Whether Consent Among Parties Cures Bankruptcy - Business Restructuring, Creditors’ Rights & Bankruptcy Update
February 04, 2013
Unanimous Supreme Court Rules that Chapter 11 Debtors Cannot Use Bankruptcy Code’s “Cramdown” Provisions to Eliminate a Secured Creditor’s Right to Credit Bid - Business Restructuring, Creditors' Rights & Bankruptcy Update
May 31, 2012
Lender Beware: TOUSA Bankruptcy Court Holding Reinstated - Business Restructuring, Creditors’ Rights & Bankruptcy Update
May 17, 2012
Round Two of TOUSA Battle Goes to Lenders - Business Restructuring, Creditors' Rights & Bankruptcy Update
February 17, 2011
Creditors’ Rights Coverage Disappearing? How to Mitigate Risk - Real Estate Update
February 16, 2010