Restructuring and Bankruptcy
Financial stress can arise from many sources—suppliers do not deliver, customers can not pay, forecasts are not met, or financing sources fail. We identify strategies to protect value. Our team develops practical, thoughtful solutions to find consensus, negotiate agreements, and defend the rights of our clients.
Nationally ranked by U.S. News – Best Lawyers “Best Law Firms” for bankruptcy and restructuring
We are recognized for our creative, value-driven, business oriented advice which is critical to companies dealing with defaults, cash flow issues, litigation risks and other risks, whether as a creditor or the company facing financial distress. Armed with a thorough grounding in the intricacies of bankruptcy and debtor and creditor laws and regulations, we develop forward-thinking strategies to manage risks and find viable solutions for our clients.
When it comes to providing solutions to distressed situations, we recognize that one size never fits all. While some bankruptcies are inevitable, we help clients explore other options and structure strategies that mitigate existing problems and insulate against future issues. We use our experience working on all sides of the deal including lenders, debtors, shareholders, trustees, official and ad hoc creditor committees, and asset acquirers to develop a custom solution.
With our broad industry expertise we tailor our approach and provide targeted, viable solutions in every aspect of workout, restructuring, reorganization, collateral protection and asset monetization so that our clients may both maximize their recovery and minimize their risk and expense.
Individual banks and bank groups, non-traditional and specialty lenders, CMBS special services, suppliers, and vendors call on us to focus on the challenges with financially distressed businesses, changing markets, and fluctuating economic conditions. We help these lenders with troubled loans and distressed borrowers, and aid businesses affected by financially troubled customers, vendors, and business transactions and contracts. We are dedicated to providing solutions to help with:
- collateral protection and asset monetization
- representation in bankruptcies
- receiverships and other insolvency proceedings
- assignments for the benefit of creditors
- workouts and informal debt restructurings
Our goal is to address our client’s challenges. We know the advantages and disadvantages of out-of-court restructurings, pre-packaged bankruptcies, and in-court solutions.
We understand the vast array of issues that our clients face in distressed situations, and we tailor our approach to each situation, whether in court or out of court, to best achieve our client's goals.
Our ability to deliver on our client’s goals stems from our experience in handling every phase of the restructuring process with an eye toward innovative solutions that focus on our client’s unique operations.
The highly charged and fast-paced nature of bankruptcy litigation, as well as other insolvency-related proceedings outside of bankruptcy court, requires a combination of strategic insight and comprehensive experience. We have established ourselves as one of the nation’s strongest trial and litigation firms. When combined with our familiarity of the Bankruptcy Code, our litigation experience has helped obtain favorable resolutions in court across the country for all types of insolvency-related litigation, arbitration and dispute resolution.
Representing trustees and other fiduciaries, we aggressively pursue litigation when it makes sense, including prosecution of claims outside of bankruptcy court if appropriate. We have also defended clients in lawsuits to recover preferences and fraudulent transfers, as well as in contested bankruptcy claims matters and adversary proceedings.
The economic climate of recent years has created new challenges for landlords and property owners. Drawing from our experience developing cost-effective strategies that are innovative, realistic and value-driven, we have a history of advising owners of real estate who face challenges associated with their financially distressed tenants. In these matters, our goal remains clear - limit client risk and liability while making the most of client assets.
We represent landlords and owners of office buildings, malls and retail centers, industrial properties and multi-family housing projects in:
- assumption and assignment of tenant leases
- enforcing claims for lease rejection damages
- forbearance agreements
- property management issues, including distressed property and “turnaround” situations
- reorganization under Chapter 11 of the Bankruptcy Code
In business, one company’s crisis is can be another company's opportunity. Our team is adept at identifying both the challenges and the opportunities inherent in situations involving financially distressed companies. We regularly counsel private equity companies, strategic investors and other purchasers interested in acquiring assets from troubled companies, whether through sales by bankruptcy trustees and debtors-in-possession under Section 363 of the Bankruptcy Code, foreclosure sales by secured creditors, sales under Article 9 of the Uniform Commercial Code, or sales by receivers and assignees for the benefit of creditors.
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