Loan Workouts, Restructuring, and Bankruptcy


Financial institutions must overcome specific challenges when dealing with insolvency or related issues affecting their borrowers and their loans. Our clients rely on us to find a way forward in these difficult situations throughout the credit cycle.

We provide specialized advice to individual banks and bank groups, real estate investment trusts, CMBS special servicers, and other lenders to assist them in enforcing their secured and unsecured loans, rights, and remedies against borrowers in distressed situations.

When financial hardships trigger defaults in loan agreements or tension in contractual relationships, we have the experience and knowledge to guide clients through the difficult decisions they face. Clients call on us to develop and implement creative, on-target, and cost-effective solutions to enforce their rights and remedies and preserve value under their agreements with distressed parties. We identify and assess each situation to bring the right talent and experience to bear.

We’ve handled:

  • complex chapter 11 bankruptcy proceedings
  • state and federal equity receiverships
  • assignments for the benefit of creditors
  • debtor-in-possession financing agreements and cash collateral disputes
  • proceedings to recover and monetize collateral, including foreclosure sales under Article 9 of the Uniform Commercial Code and state court replevin actions
  • mortgage foreclosures and other distressed real estate transactions
  • insolvency litigation in bankruptcy court adversary proceedings, including preference and fraudulent conveyance cases
  • loan workouts, restructurings, refinancings, and forbearance agreements
  • multi-level intercreditor/subordination agreements and other agreements among lenders
  • asset sales, leases and other dispositions, including under Section 363 of the Bankruptcy Code

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