In troubled times, businesses face greater challenges.  Those challenges may come from within or they may be related to your customers’ distressed situation.  In the Insolvency and Creditors Rights Department we advise, counsel and advocate for our clients in all manner of distressed situations across many industries.  Our clients are secured lenders and creditors, servicers, trade creditors, creditor committees, insurers, lessors of real and personal property and purchasers of distressed debt, assets or companies. We represent our clients in cases involving:

  • Debt restructuring, workouts and out-of-court arrangements
  • Commercial and real estate loan modifications, amendments and extensions
  • Pre-bankruptcy protection planning and collateral perfection analysis
  • Bankruptcy and bankruptcy reorganizations
  • Lien priority disputes
  • Enforcement of security interests and mortgages, including UCC public and private sales
  • Repossessions and foreclosures
  • State and Federal receiverships
  • Loan sales
  • Analysis and enforcement of negotiable instruments, letters of credit and payment orders
  • Mechanics liens
  • Landlord and tenant disputes
  • Protection of claims in connection with third party sales
  • Confessions of judgment

We have significant experience in bankruptcy matters and represent our clients nationally in cases across the United States, from the simple to the complex, in Chapter 7, 9 11, 12 and 13 cases including:

  • Claim analysis and protection
  • Preparing and filing proofs of claims
  • DIP lending and cash collateral matters
  • Adequate protection
  • Relief from the automatic stay
  • Preference, fraudulent conveyance, voidable transfer analysis and litigation
  • Plan negotiation preparation, objections and confirmation issues
  • Section 363 Sales
  • Discharge issues including channeling Injunctions

We have experience in a wide variety of matters and industries including:

  • Agriculture
  • Aircraft lending
  • Health care and hospitals
  • Hospitality
  • Asbestos and mass tort claims
  • Energy
  • Real estate, including commercial leasing and single family, multi-family residential development
  • Commercial and industrial
  • Municipal
  • Government lending