We help companies protect their financial health when customers and suppliers are in financial distress or file for bankruptcy relief. Prior to bankruptcy, we advise clients on how best to position themselves to effectively respond to the financial instability of their customers and suppliers.
Following bankruptcy, our work includes providing counsel on issues such as the assumption and rejection of executory contracts, assertion and prosecution of claims, including priority status for goods delivered within 20 days prior to bankruptcy, and achievement of critical vendor status. Our work also includes avoidance actions including the efficient and effective defense of preference and fraudulent conveyance claims.
Representative examples of our engagements include:
- Eastman Kodak Company (Southern District of New York). Representation of major health care provider in bankruptcy of one of the world’s leading material science companies.
- CEP Holdings, LLC (Northern District of Ohio). Representation of major auto manufacturer in bankruptcy of automotive parts supplier.
- NewPage Corporation (District of Delaware). Representation of preference defendants in bankruptcy of coated paper manufacturer.
- Weirton Steel Corp. (Northern District of West Virginia). Representation of lessor of steam generation facility in bankruptcy of steel manufacturer.
- Temroc Metals, Inc. (District of Delaware). Representation of counter-party to executory agreements in bankruptcy of metals manufacturer.
- Borders Group, Inc. (Southern District of New York). Defense of preference defendants in bankruptcy of national book store chain.
- SLM Trans, Inc. (Southern District of Illinois). Representation of insurance provider in bankruptcy of national transportation company.