RK&R - Restructuring & Bankruptcy

Our Restructuring & Bankruptcy practice complements the firm's corporate, litigation and real estate practices and includes representation of creditors, debtors, trustees, distressed asset acquirers, financiers of troubled companies and other parties-in-interest in workouts, restructurings and bankruptcy proceedings.

Creditors' Rights
We protect the rights of creditors in financial workouts and turnarounds. We advise creditors as to their rights in restructuring troubled accounts and loans, default and acceleration issues, forbearance issues, negotiated defeasance issues, collateral protection and enhancement strategies and inter-creditor and subordination issues. Our representation of creditors continues into Chapter 11 bankruptcy proceedings in which our attorneys advise on 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.

Debtor Protection
We represent distressed companies in their efforts to reorganize their financial condition and operations. As part of the reorganization process, we advise debtor companies in their dealings with creditor committees, commercial lenders, subordinated debt holders, trade creditors, governmental claim holders, landlords, investors, employees and parties to executory contracts. Our attorneys assist our clients to prepare and file Chapter 11 bankruptcy petitions, negotiate debtor-in-possession financings, structure and confirm plans of reorganization, settle disputed claims and prosecute adversary proceedings.

Distressed Company Asset Sales
We negotiate and structure purchases of assets from distressed companies. Together with our Mergers & Acquisitions practice, our attorneys are able to identify and minimize the material risks posed by such transactions and enable our clients to utilize the Chapter 11 process to purchase assets free and clear of claims.