Financial Restructuring & Bankruptcy

Carmody MacDonald's Financial Restructuring and Bankruptcy practice group represents financial institutions, corporate creditors and debtors, independent board committees, distressed companies, and creditor constituency groups, such as secured lender groups, creditors' committees, and bondholder groups.

Collectively, the attorneys in this practice group have appeared and practiced in virtually every federal jurisdiction in the United States. These attorneys also work closely with members of complimentary practices such as Banking, Real Estate, Mergers and Acquisitions, General Corporate and Litigation, allowing an efficient and thorough approach to legal problem solving.

  • Secured creditors
  • Debtor-in-possession lenders
  • Distressed transactions
  • Real estate and personal property foreclosures
  • Out-of-court restructurings and workouts
  • Creditors' rights and enforcement actions
  • Bankruptcy and insolvency litigation
  • Non-bankruptcy Financial Restructurings
  • Non-bankruptcy Secured and Unsecured Credit Restructurings and Workouts

In addition, we regularly advise clients regarding other legal issues that arise in multiple contexts, including the following:

  • Fiduciary duties of officers and directors of troubled companies
  • Lender-liability issues
  • Substantive-consolidation issues, including "true sale" and "non-consolidation" legal opinions
  • Equitable subordination and other intercreditor issues
  • Purchasing and selling debt and equity securities of distressed issuers
  • Rights of landlords and tenants in bankruptcy

Chapter 7 Bankruptcy - Bankruptcy Trustee