Our bankruptcy and commercial litigation team deploys a wide range of restructuring options and litigation strategies to help both distressed asset owners and creditors not only minimize losses, but also leverage the sale or leasing of assets that could potentially lead to new opportunities.
Because of our deep bench of experience, we’ve encountered nearly every situation related to bankruptcy and insolvency and counseled clients from myriad industries. We are particularly noted for creditors’ rights; debtor or creditor committees counsel; prosecution of claims; defense of preference claims; prepackaged bankruptcies to shorten turnaround times; business and loan restructuring; forbearance agreements, structured settlements; loan sales; and representing buyers in Section 363 sales of debtors’ assets.
We regularly collaborate with colleagues from our tax, real estate, environmental, energy and corporate practices to ensure that clients get the benefit of subject matter experts in every discipline.
No one benefits from a protracted bankruptcy process. That’s why we work quickly and efficiently to help debtors and trustees stabilize troubled companies by selling off distressed assets and assist lenders, creditor committees, secured and unsecured creditors in recovering monies owed after a debtor files for Chapter 7, 11 or 13 protection.
Over the years, we’ve encountered nearly every situation related to bankruptcy and insolvency and counseled clients from myriad industries. Previous engagements include representing debtors, Chapter 7 & 11 trustees, secured and unsecured creditors, creditors’ committees, receivers, assignees, examiners, buyers of distressed assets and properties, out-of-court restructurings.
Our lawyers have handled just about every type of litigated issue arising out of a bankruptcy proceeding including:
- Preference & Fraudulent Conveyance Claims
- Directors & Officers Litigation
- Contested Claims
- Contest Plan Litigation
- Trustee and Fiduciary Litigation
Our team’s relevant experience in related subject areas like securities law, consumer finance, and financial services fraud, ensures clients receive comprehensive counseling and strategic advice to resolve disputes quickly, avoiding protracted litigation.
Business Restructuring & WorkoutsOpen
We leverage the deep understanding of our clients’ businesses and investment strategies to counsel them on the most efficient path forward, whether it is in business and loan restructuring, forbearance agreements, structured settlements, or loan sales.
Construction & Real Estate LitigationOpen
A quick response to disputes affecting construction projects and real estate transactions is important to our clients’ bottom line. Our experienced construction and real estate litigators help clients respond timely to resolve conflicts or defend their interests in litigation.
Consumer Financial Services LitigationOpen
We provide strategic counsel to national and regional banks, mortgage lenders, loan servicers, credit card issuers, and various credit providers involved with consumer finance. In the past five years alone, we have defended financial institutions in more than 500 matters, including investigations, lawsuits and class action claims under state and federal law related to:
- Equal Credit Opportunity Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Housing Act
- Real Estate Settlement Procedures Act
- Truth-in-Lending Act
- Challenges to REMICs and other Asset Securitization Vehicles
- State Unfair Deceptive Acts and Practices Laws
We represent secured and unsecured creditors, creditor communities, banks and loans servicers, title disputes, distressed real estate and UCC litigation defense.
We possess decades of experience representing financial institutions, which allow us to deliver prompt and thorough strategic advice and take a creative approach to handling any complicated creditors’ rights issues that may arise during insolvency.
Our representation of creditors in the debt and equity markets include:
Agent and Lender Representation
We help clients enforce their rights through the remedies available, including cash collateral and debtor-in-possession (DIP) financing agreements and orders, Section 363 asset sales, prepackaged Chapter 11 filings, plan negotiations and confirmation, claim treatment and defending against claim objections or cram-down, discovery matters, adversary proceedings, and appeals of bankruptcy proceedings.
We advise hedge funds, private equity funds, and other investment funds. We not only help structure funds agreements but negotiate workouts and remedies in the way most advantageous to you and your client investors.
Trustee and Bondholder Representation
Our understanding of the role indenture trustees and bondholders play in debt securities matters enables us to assist in helping to arrange bond issuances and establish structured finance products. In the case of default, we keep issues such as risk tolerance, resolution incentives and time constraints in mind.