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Bankruptcy, Restructuring & Litigation

Creditors’ Rights

We represent secured and unsecured creditors, creditor committees, and banks and loans servicers and handle title disputes and 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 sophisticated creditor issues that may arise during a bankruptcy proceeding.

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.

Fund Representation
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.

Representative Matters

Major bank equipment financing division—Equipment financings

Represent the equipment financing division of a major national bank in defaulted equipment leasing and financing matters. These matters have involved equipment such as standard office equipment or automated guided vehicles securing tens of millions of dollars in financing.

Banks and other note holders—Creditors’ rights

Represent banks and other note holders in actions to enforce creditors’ rights in equipment and other collateral securing defaulted loans and mortgaged real property as well as in replevin actions and concerning disposition of collateral pursuant to Article 9 of the Uniform Commercial Code.

Regional bank—Full recovery outstanding principal

Achieved full recovery of the outstanding principal, accrued interest and legal fees on a commercial mortgage loan which required successful representation of a regional bank in the borrower’s chapter 11 case in the Bankruptcy Court for the Eastern District of Pennsylvania and a subsequent sale of the distressed loan.

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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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