Bankruptcy Financing

The firm has extensive experience in representing both secured and unsecured creditors in bankruptcy proceedings. Where bankruptcy is involved, whether a Chapter 11 financing, the financing of a 363 sale or the financing of a plan of reorganization, the attorneys in our finance group work closely with those in our bankruptcy group to address the bankruptcy process in the most advantageous way for our clients. We have represented lenders in bankruptcy courts throughout the country in connection with:

  • Debtor-in-Possession (DIP) Financings. We handle the preparation and negotiation of the financing order and financing documents, as well as court appearances for the approval of the financing for companies that have begun proceedings under Chapter 11 of the U.S. Bankruptcy Code. Our firm is known for its ability to manage the process of obtaining approval of the financing on the best available terms for the lender.
  • Exit Financings. When a lender is providing financing to a company as part of its plan of reorganization, we have the expertise required to deal with the bankruptcy process and documentation.
  • 363 Purchases. We assist lenders who finance the purchase of assets being sold by a Chapter 11 debtor-in-possession pursuant to Section 363 of the U.S. Bankruptcy Code.  As with all aspects of a lender’s involvement in the Chapter 11 process, the terms of the order approving the sale can be critical. We know what the lender needs in order to be protected.
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