As the rate of insolvencies rises both nationally and internationally, it becomes increasingly vital for clients to engage capable and experienced counsel to navigate the complications of business insolvencies. The attorneys in Bryan Cave’s Bankruptcy, Restructuring and Creditors’ Rights Client Service Group are located and practice throughout the United States, as well as in the United Kingdom and China, and provide a range of business-advisory and crisis-management skills, including insightful and practical guidance to parties in situations where companies face the risks and implications of insolvency.
Members of Bryan Cave’s restructuring practice have long been known for their creative problem-solving abilities, responsiveness and networks with financial institutions, restructuring advisors and other attorneys. The combination of these resources allows us to develop the most appropriate business solutions based upon our clients’ needs and goals. We have the ability and experience to resolve, promptly and cost-effectively, novel and difficult legal issues in restructurings, out-of-court loan workouts, Chapter 11 reorganizations, distressed sales, litigation matters and other insolvency proceedings.
Bryan Cave’s restructuring lawyers also have backgrounds in banking, corporate finance, real estate and litigation. This breadth of experience allows our attorneys to address problems with an interdisciplinary approach. We also regularly draw upon the experience of other attorneys in our firm, including those focusing on antitrust, employee benefits, insurance, mergers and acquisitions, securities, tax and various litigation disciplines.
Specific Areas of Expertise
Bryan Cave has a full-service insolvency practice. Our experience can be grouped into the following general types of representations:
In addition, we regularly advise our clients regarding other issues that arise in multiple contexts, including the following:
- Fiduciary duties of officers and directors of troubled companies;
- Lender-liability concerns;
- Substantive-consolidation issues, including “true sale” and “non-consolidation” legal opinions;
- Equitable subordination and other intercreditor issues;
- Intellectual-property rights in bankruptcy;
- Purchasing and selling debt and equity securities of distressed issuers;
- Regulatory issues affecting restructurings, including banking, securities, environmental and insurance laws;
- Rights of landlords and tenants in bankruptcy;
- Employee retention, compensation and benefits issues;
- Collective-bargaining agreements and retiree obligations;
- Tax issues, including income from the discharge of indebtedness, income-tax consequences of debt modifications and the preservation and exploitation of net operating losses.