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Creditors’ Rights, Restructuring & Bankruptcy

An outstanding track record of ensuring that clients receive their due.

The aggressive enforcement of client’s rights and remedies in connection with financial transactions is an original cornerstone of the firm and remains a significant and prominent practice area. On behalf of major banks, asset-based lenders, real estate lenders, equipment leasing companies and litigation trusts, we regularly handle matters including collection, replevin, foreclosures, fraudulent conveyance, injunctions, receiverships and 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 has challenged and sought to enjoin the sale.  We also counsel borrowers and distressed debt purchasers through the intricacies of these non-judicial proceedings, the availability of state court and bankruptcy court impediments to the process and the associated strategies.

The members of this practice group bring broad experience achieving 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. Attorneys in this practice area, working closely with the Corporate and Financial Services group, the Real Estate group, and the Tax group are experienced in Chapter 11 DIP financing, asset sales, and acquisitions of companies in Chapter 7  and 11 cases.

This group is highly skilled in the reorganization, restructuring or liquidation of financially troubled companies under federal bankruptcy and state insolvency laws representing secured lenders, landlords, trustees, purchasers of assets, creditors’ committees and debtors in bankruptcy cases and proceedings and advising on the federal and state income tax implications of such transactions. We also represent defendants in avoidance actions and other adversary proceedings in federal and state courts.  Members of the firm have also served as trustees, referees, receivers, mediators, examiners, and in other court-appointed positions.

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