Bankruptcy and Financial Restructuring
Measured and Practical Approach
We bring to our clients a breadth of understanding that comes from years of success in handling cases of every type within the complicated realm of bankruptcy and financial restructuring. But knowledge of bankruptcy law alone is not enough. We assess our clients’ bankruptcy objectives and, where appropriate, collaborate with firm attorneys in other relevant disciplines—corporate, finance, real estate, employment, tax, and litigation—to craft an effective approach.
Our wide range of representation includes creditors, debtors, financial institutions, committees, trustees, buyers and sellers of assets, investors and others in:
- Chapter 7 (liquidation) and 11 (reorganization) cases
- Out-of-court workouts and restructurings
- Loan workouts for both borrowers and lenders
- Investing in distressed assets and securities
- Asset purchases
- Creditors' rights, and bankruptcy and insolvency-related litigation, including pursuing and defending collection and recovery motions, and establishing and enforcing receiverships
- Transactional and tax advice related to bankruptcy, out of court restructurings, and other creditors rights issues
- Debtor-in-possession financing
We bring an aggressive and considered approach to the enforcement of creditors’ rights. Our results are measured not simply by the judgments obtained but in the monetary recoveries we obtain for our clients. We represent individual and business creditors in the collection of defaulted loans, foreclosure of secured properties, and perfection of lien claims, as well as litigation based on promissory notes, guarantees, and unpaid accounts.
With our depth of industry experience and multi-disciplinary approach, we have the capacity to perform both transactional and adversarial work, and the experience to craft practical solutions.
Broad Based Experience
Our attorneys' experience includes all aspects of insolvency and bankruptcy law, including: representation of the interests of secured and unsecured creditors, lessors and lessees, agents for lending groups, pre-bankruptcy planning, reorganizations, liquidations, and other bankruptcy alternatives; insolvency planning and loan workouts, including advice regarding potential preferential and fraudulent transfers and lender liability; mortgage company insolvencies; commercial mortgage foreclosures; enforcement of notes and guarantees and realization of collateral; and litigation in bankruptcy and non-bankruptcy forums.
We are experienced in cases involving fraudulent transfers, including analyzing and litigating issues related to leveraged buyouts and subordination of claims, and with environmental issues, where it is necessary to balance the conflicting interests of governmental and private entities in order to produce consensual results. We are frequently called upon to counsel both borrowers and lenders in restructuring complex credit relationships, from inception to resolution.
Our attorneys have recently represented
- A national bank in the largest home builder bankruptcy in Texas
- Reclamation creditors in the Pilgrim’s Pride case
- Ordinary course professionals in the ATA Airlines, Chrysler, Circuit City, and CompUSA bankruptcy cases
- A large industrial supplier in the defense of a six-figure preference action
- A financial creditor in the prosecution of alter ego and reverse alter ego claims involving over $10 million dollars
- A nationally recognized real estate management company in resolving a variety of complex lease transactions involving potentially bankruptcy tenants
Leadership
Our attorneys frequently speak and write on recent developments in solvency and creditors’ rights arenas.