The Creditors' Rights and Bankruptcy Reorganization Practice Group has broad experience in all aspects of bankruptcy, reorganization and creditors' rights matters, including complex litigation cases. This experience includes representing debtors, official and unofficial committees, secured and unsecured creditors, trustees and other parties in interest in out-of-court restructurings and in Chapter 11 reorganization cases. Our group has also structured “pre-negotiated” plans of reorganization to expedite the Chapter 11 process. We also have extensive experience in representing creditors in Uniform Commercial Code lien enforcement issues in state and federal courts. In addition, we provide advice and counsel to distressed public and private companies, their boards of directors, bank groups, receivers and other fiduciaries with regard to proposed financings, corporate transactions and real estate acquisitions.
While attempting to resolve matters through negotiation whenever possible, members of our Creditors' Rights and Bankruptcy Reorganization Team are routinely involved in litigating complex matters in bankruptcy courts, including valuation questions, fraudulent transfer and preference actions, DIP financing and use of cash collateral, adequate protection issues and contested confirmation hearings. The Team is also adept at state and federal court litigation involving the enforcement of creditors' rights under the Uniform Commercial Code, the Uniform Fraudulent Transfer Act and state receivership laws. Since restructuring issues are often inter-disciplinary, the Creditors’ Rights and Bankruptcy Reorganization Practice Group often draws assistance from the Firm’s other practice groups including, tax, banking, commercial litigation, real estate and corporate.
The members of our Team combine technical knowledge of the highly complex Bankruptcy Code, the Uniform Commercial Code, and other statutes dealing with creditors' rights, practical knowledge of the "real world" bankruptcy process and, as importantly, a sound understanding of the business issues confronting our clients.