Tucker Arensberg’s
Insolvency & Creditors’ Rights Practice Group has broad experience
in bankruptcy and creditors’ rights matters throughout the United
States. Our attorneys are experienced in all aspects of creditors’
rights, insolvency, bankruptcy and reorganization and distressed
debt situations including workouts, receiverships and debt
restructurings.
The attorneys in this
group represent secured creditors, trade creditors, creditor
committees and municipal and leasing creditors as well as purchasers
in the context of bankruptcy sales.
On behalf of unsecured
and secured creditors, including major banks and other lending
institutions, we negotiate aggressively with debtors, trustees and
others in the enforcement of claims and litigation when necessary to
protect our clients’ interests. The experience of the firm’s
attorneys makes them well-suited to provide pre-bankruptcy
protection planning for businesses, banks and lending institutions
and to develop strategies dealing with all stages of a troubled
enterprise, from out-of-court negotiations to workout, litigation
and bankruptcy.
Our attorneys deal with
national and regional bankruptcies posing many significant and
complex issues. They assist clients with all aspects of claim
prosecution and protection in bankruptcy cases, including preparing
and filing proofs of claims, seeking relief from the automatic stay
and protecting claims in the plan process in chapter 11, 12 or 13
proceedings.
Attorneys in this group
assist creditors’ and shareholders’ committees in the evaluation of
insolvency situations, negotiations with debtors and trustees,
formulation of reorganization and workout plans, and analysis of
plans, data and documents.
Our Insolvency and
Creditors’ Rights attorneys also facilitate and prosecute judicial
and private sales under applicable state and federal statutes. These
attorneys routinely address issues arising under and in connection
with statutory lien law including the Uniform Commercial Code and
various state laws pertaining to credit analysis, establishment and
enforcement of liens, mortgage foreclosures, collection, and
repossessions, as well as obtaining, perfecting and enforcing
mortgages, liens and judgments. The group also, from time to time,
represents commercial debtors in the context of Chapter 11
reorganizations.