The Restructuring & Creditors’ Rights practice at Reitler represents creditors, debtors, trustees, distressed asset acquirers, financiers of troubled companies, boards of directors and other parties-in-interest in connection with out of court workouts, restructurings and bankruptcy proceedings.
Our team complements the Firm’s corporate, litigation and real estate practices and draws upon the abilities of other practice areas whenever practical to ensure the optimal transaction structure.
Creditors trust us to safeguard their rights in financial workouts and turnarounds and seek our counsel as to their rights in restructuring troubled accounts and loans, defaults and acceleration issues, forbearance issues, negotiated defeasance issues, collateral protection and enhancement strategies, and inter-creditor issues. Of course, our representation and expertise continues into Chapter 11 bankruptcy proceedings. In which we provide sound advice on matters such as: challenges to the automatic stay, defense of preference and fraudulent transfer actions, preparation of claim and defending challenges to claim allowance, advice on executory contracts and leases, representation of official and unofficial creditors’ committees and the structuring and confirmation of plans of reorganization.
We work with distressed companies in their efforts to reorganize for the purposes of strengthening their financial health and operations. As part of the reorganization process, we advise debtor companies in their dealings with creditor committees, secured creditors, commercial lenders, subordinated debt holders, trade creditors, governmental claim holders, landlords, investors, employees and parties to executory contracts.
Distressed Company Asset Sales
Investors in distressed assets need attorneys who are able to identify and minimize the material risk posed by such transactions so that they can utilize the Chapter 11 process to purchase assets free and clear of claims. Together with our Mergers & Acquisitions practice, we have successfully negotiated and structured purchases of assets from distressed companies for a multitude of these investors.