Debt Restructuring. When problems arise, the negotiating skills and creative problem-solving talents of members of the Group can often alleviate or eliminate difficulties. We advise clients involved in a variety of credit structures, including secured and unsecured loan facilities, letter of credit facilities, and lease financing facilities.
Loan Workouts. Whether offering assistance to borrowers in renegotiating or restructuring commercial loans, or to lenders in restructuring troubled loans or enforcing lenders’ remedies, we provide invaluable legal advice that is practical and timely.
Sales of Assets. We regularly represent buyers and sellers of distressed businesses and their assets under the Bankruptcy Code, Article 9 of the UCC, and other applicable law. Successful transactions frequently require a strategic plan for contract negotiations, bidding procedures, break-up fees, and good-faith purchaser protections. Through litigating and negotiating objections to existing sale arrangements, we have attained the goals and objectives of our clients in numerous cases.
Financial Reorganization. Our extensive experience in restructuring and reorganization under Chapter 11 of the Bankruptcy Code provides the skills necessary to forge creative and effective approaches to solving financial problems and developing effective action plans. The Group also is involved in the acquisition, sale, and financing of troubled companies and their business lines and assets. We have successfully obtained confirmation of Chapter 11 plans sponsored by publicly held debtors, closely held debtors, and creditors.
Bankruptcy Litigation. If and when the protections afforded by a bankruptcy filing become necessary, we have the experience required to help our clients – be they creditors or debtors – weather this complex process. While recognizing that negotiated solutions are generally preferable, the attorneys in the Bankruptcy & Financial Reorganization Group are experienced litigators who are able to provide counsel and knowledge to lenders, borrowers, and business entities in assessing appropriate strategies. Our extensive trial experience and willingness to litigate enhances our ability to negotiate effective solutions. We are experienced in all aspects of bankruptcy litigation and have successfully litigated contested confirmation hearings, fraudulent conveyances recoveries, claims hearings, stay relief hearings, and preference prosecutions. Our attorneys’ significant experience in both state and federal courts is the key to our success in assisting major commercial clients in enforcing money judgments and recovering collateral through contested replevin actions.
Counsel to Lenders. We also counsel lenders on avoiding lender liability claims, and have successfully defended lender liability claims asserted against lenders, as well as achieved success in pursuing lender liability claims where appropriate.