Restructuring and Bankruptcy

We are among the nation’s premier insolvency firms, specializing in the representation of stakeholders of all types in connection with insolvency matters throughout the United States, as well as insolvency matters that may involve other jurisdictions in Europe, Asia and Latin America. Our lawyers provide legal services in all areas of debtor and creditors’ rights including the review of contracts, restructuring agreements, general insolvency issues, strategic planning, and the discovery and analysis of fraud.  We have a strong debtor practice and we are proud of our ability to achieve resolutions of complex matters either through agreement or the Courts.

The attorneys at the firm include nationally recognized experts in the bankruptcy restructuring world. We are particularly well known for the fiduciary roles in which members of the firm have served, including, as trustee, examiner, receiver, patient care ombudsman, auditor, referee and other key fiduciary roles.  We are also well known for our representation of official and unofficial committees of unsecured creditors whose members include trade creditors, service providers, bondholders (whether senior, pari passu or subordinated), indenture trustees, undersecured lenders, litigation and liquidation trusts, unions, governmental entities, landlords, class action plaintiffs, former officers, directors and employees.  We also serve as mediators and/or arbitrators in insolvency matters as needed, most recently in the Madoff and Lehman Brothers bankruptcy cases.

Fiduciary-related roles

Members of the firm frequently serve as trustees, receivers, auditors or examiners and have been appointed to other key fiduciary roles that a particular case may require. Judges, United States Trustees, SEC and other key stakeholders assign such positions to us because of our expertise, the quality of the efforts, and the high level of integrity we bring to such engagements.  Among our appointments was that by the Commissioner of the Department of Health of the State of New York when he appointed Melanie Cyganowski to serve for one year as Temporary Operator of Interfaith Medical Center, a 287 bed hospital facility along with a network of ambulatory care clinics stretching across the Central Brooklyn communities of Crown Heights and Bedford-Stuyvesant.

Official Committees of Unsecured Creditors

The firm has represented an extensive list of official committees in complex, high-profile Chapter 11 reorganizations involving companies with multi-billion-dollar annual revenues, numerous labor unions, complex capital structures and a myriad of business and legal issues.

We have been involved in bankruptcy cases for companies across a wide range of industries, including national, regional and local retailers; nursing homes, drug store chains and other healthcare providers; steel manufacturing companies; apparel companies; airlines; chemical, plastic and other types of industrial companies; real estate entities; and food and restaurant service companies.

We have significant experience with:

  • Issues that require in-depth knowledge of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and local rules
  • Case administration, including the day-to-day organizational needs of creditors’ committees 
  • The structuring, negotiation and documentation of reorganization plans       

Our expertise in the bankruptcy field is augmented by a wide network of relationships with sources of equity funding, sponsors of plans of reorganization, investment banking firms, financial advisory firms, real estate consultants, industry experts, liquidation specialists and judges, practitioners, receivers, trustees and United States Trustees throughout the United States and worldwide. These relationships are part of the unique value we bring to our clients and enhance our ability to achieve superior results.

Unofficial Committees of Unsecured Creditors and Litigation/Liquidation Trusts

We represent ad hoc/unofficial groups of unsecured creditors, both before the commencement of bankruptcy proceedings for out-of-court restructurings, in pre-packaged Chapter 11 cases, and throughout Chapter 11 proceedings. The firm also provides pre-petition, out of court committees with the knowledge and expertise needed to maximize value, minimize exposure and restructure their companies without resort to Chapter 11 proceedings.

Our lawyers assist post-confirmation committees and litigation/liquidation trusts in many areas requiring specific expertise in investigations whether domestic or worldwide, both during and after Chapter 11 cases. We are regularly engaged in the recovery of preferences and other avoidance actions, as well as claims reconciliation and objections. Our assistance includes advice on the most effective use of litigation/liquidation trusts to manage and enhance creditor recoveries. We handle all aspects of post-confirmation matters, from confirmation of the Chapter 11 plan of reorganization through the conclusion of recovery efforts and the wind-down of post-confirmation committees.

Individual Creditor Representations

We represent consumer electronic companies, textile companies, financial institutions (including factoring companies), governmental agencies and many other individual creditors in bankruptcy proceedings nationwide. Engagements may involve:

  • Assertion of reclamation rights and rights as a “20-day creditor” for payments for goods sold
  • Rights of secured creditors 
  • Defenses against preference avoidance claims and other litigation matters
  • Acquisition of assets or businesses from a Chapter 11 debtor-in-possession

Debtor Representations

The firm represents companies across a broad spectrum of industries, both in and out of court, as part of an effort to restructure debts, preserve jobs, and generally maximize value for all stakeholders. Clients include both individuals and companies, including those in construction, retailing, health care, textiles, printing, manufacturing and distribution companies, among others..

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