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Financial Restructuring & Bankruptcy

We represent financial institutions, corporate creditors and debtors, and creditor constituency groups (such as secured lender groups, creditors’ committees, and bondholder groups) in all types of bankruptcy and insolvency matters.

When businesses face a financial hardship—for example, they default with their bank, lose a lawsuit, go into receivership, or need refinancing but cannot get the help of a new bank—they will often turn to a bankruptcy lawyer.

Our team of commercial bankruptcy lawyers offers solid bankruptcy counsel and asset protection advice, with experience in financially complex cases and fraud litigation. We often represent financial institutions, corporate creditors and debtors, and creditor constituency groups (such as secured lender groups, creditors’ committees, and bondholder groups) in all types of bankruptcy and insolvency matters. Our team is large enough to take on complicated cases and provide the kind of service one would expect from a larger firm, yet small enough to offer a reasonable price point and personal touch.

If a recent lawsuit or bank default has made you consider bankruptcy, or if your forbearance has expired, or if you are facing litigation that puts your business in jeopardy, now is the time for an initial consultation. There is often enough time for sound planning, but you will need the right team. We can help.

Services

  • Chapter 7 bankruptcy trustee
  • Chapter 11 debtors
  • Secured creditors
  • Debtor-in-possession transactions
  • Receiverships
  • 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
  • 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




Frequently Asked Questions in Financial Restructuring & Bankruptcy Law


Q: Is a trustee automatically appointed if an organization files for bankruptcy?

A: No. A trustee is appointed in some cases but not all. You can still retain a great degree of authority over your business.
 

Q: Does bankruptcy always end in a shutdown or closing of the business?

A: No. Many times, bankruptcy means restructuring the business and finding ways to make it solvent again.
 

Q: Can the business still get credit while in bankruptcy?

A: Yes. Bankruptcy does not automatically mean that other institutions will stop extending credit. Indeed, some cases involve consolidating debt and finding new lenders.


Q: Is it true that we need a bankruptcy lawyer only if we are in litigation or have had a judgment passed against us?

A: Not necessarily. It is true that lawsuits and judgments are two common events that compel business owners to seek out a bankruptcy attorney. However, there are other signs you need such an attorney:

  • A forbearance agreement on your loan expires
  • Your bank has asked you to take your business elsewhere
  • Your business is about to go into receivership
  • Your organization is not in default but needs refinancing (and you are having trouble getting it)