Our lawyers advise and represent businesses and individuals, including borrowers, guarantors, secured and unsecured lenders, trade creditors, consignors, landlords and tenants, developers, franchisors, pension funds, insurers, and nonprofits, in a broad range of both transactional and litigation matters involving business restructuring, debtor-creditor relationships and disputes, proceedings in bankruptcy court, out-of-court workouts, and the sale or acquisition of assets.
We advise clients in distressed situations on the benefits and risks of alternative strategies such as out-of-court workouts, business reorganizations, negotiations between creditors and debtors, foreclosure, bankruptcy, and commercial litigation. Although we do not represent debtors as lead bankruptcy counsel, our representation in bankruptcy cases includes negotiation and litigation to obtain relief from stay; defense of preference and fraudulent transfer actions; preservation of liens or priority rights in real estate or goods sold to a debtor; allowance of unsecured trade; lessor and pension claims setoff; payment in full of administration claims; valuation of a business or its assets; assumption/rejection of contracts and leases; changes in management or control of the debtor; substantive consolidation; negotiation of plan terms; and representation of buyers in Section 363 asset sales.
Whether our client is a debtor or a creditor, our lawyers bring a practical, real-world perspective to bankruptcy, restructuring, and reorganization matters so that the client understands the pros and cons (and likely legal fees and other expenses) associated with various approaches and strategies. Because these matters often involve both transactional matters (such as M&A deals and bank loan modification) and litigation (whether in state court or federal bankruptcy court), our practitioners in this area will often draw on other expertise at the Firm to provide the client with the appropriate resources needed to achieve their ultimate business goals.
