Bankruptcy and restructuring clients throughout the United States demand and receive prompt and cost-effective resolution of issues in restructurings, out-of-court loan workouts, Chapter 11 reorganizations, and other insolvency proceedings. Our clients have included secured creditors, unsecured creditors, debtors, financial institutions, debtor-in-possession financing lenders, indenture trustees, official and unofficial creditors' committees, examiners, and purchasers of financially distressed businesses.
In addition to the general experience required in restructuring projects in a wide range of industries, the Bankruptcy and Restructuring practice has experience in many related, highly specific areas including:
- negotiation and documentation of financing agreements, debt restructurings, loan workouts, cash collateral arrangements, and debtor-in-possession financing agreements;
- acquisition of assets from financially distressed companies in and out of Chapter 11;
- representation of secured lenders in automatic stay and adequate protection litigation, and in cram-down litigation and negotiations;
- complex federal and state trial and bankruptcy court litigation;
- lender liability issues;
- fraudulent conveyance and preferential transfer analysis and litigation;
- equitable subordination;
- substantive consolidation; employee wages, benefits, retention, and collective bargaining agreements;
- transfers of claims against or interests in bankrupt entities;
- tax issues, including income from discharge of indebtedness, income tax consequences of debt modifications, and preservation and exploitation of net operating losses and alternative minimum taxes; and
- treatment of intellectual property rights in bankruptcy.