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Creditors’ Rights, Restructuring & Bankruptcy

An outstanding track record of protecting clients’ bargained for rights and remedies and achieving strategic objectives in distressed situations.

The aggressive enforcement of clients’ rights and remedies in connection with financial transactions is an original cornerstone of the firm and remains a significant and prominent practice area. The members of this practice group bring broad experience achieving successful outcomes for creditors and investors of companies experiencing financial distress.

Our practice includes a focus on strategies surrounding distressed investments and insolvency-related transactions both in and out of bankruptcy court. Our attorneys have developed significant experience advising clients on loan-to-own strategies, debt restructurings, debtor-in-possession and exit financings, claims trading, distressed real estate acquisitions, section 363 sales, and distressed investment structures.  We have a demonstrated record of successful workouts of troubled financial transactions either in advance of litigation or as part of a structured workout to resolve litigation and/or claims in and out of bankruptcy.  Our primary objective for every client is to efficiently and effectively maximize the return on the client’s investment.

We routinely represent major banks, asset-based lenders, real estate lenders, strategic and institutional investors, equipment leasing companies, litigation trusts and individual acquirers, and other parties in interest in chapter 11 cases on matters ranging from defaulted-loan litigation, workouts, debt and equity restructurings, loan sales, foreclosures, deeds in lieu of foreclosure, Article 9 sales and receiverships to sophisticated enforcement of judgments. We bring a unique sophistication surrounding Uniform Commercial Code Article 9 sales on behalf of many clients, including advising on the requirements of such sales, structuring the sale, drafting the required notices, coordinating the publication and marketing efforts in connection with the sale, and also handling litigation where the borrower challenges the foreclosure and seeks to enjoin the sale.

Our extensive experience representing creditors, investors, business owners and businesses in distressed situations render us uniquely effective at providing creative advice for all distressed investing in a variety of industries, including distressed real estate transactions.  We are also well positioned to advise clients on takeover strategies, fiduciary duties, financing including debtor-in-possession and exit facilities in chapter 11.

Attorneys in this practice area, working closely with the Corporate and Financial Services group, the Real Estate group, and the Tax group and are highly skilled in the issues that arise in the reorganization, restructuring and liquidation of troubled companies including distressed debt financing and asset sale transactions.  Our team’s interdisciplinary approach enables us to handle all issues that arise in distressed transactions and gives our clients access to seasoned practitioners with in depth experience in varied disciplines.

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