Creditors' Rights Litigation

The attorneys in our Creditors' Rights, Insolvency & Bankruptcy practice represent a full range of secured and unsecured lenders and other creditors, including institutional lenders and investors such as banks, funds and insurance companies, in workouts, restructurings, insolvencies and bankruptcies involving a broad range of industries. We also provide experienced guidance with respect to out-of-court and court-supervised matters such as receivership proceedings, sales under Article 9 of the Uniform Commercial Code, negotiation and litigation concerning cash collateral, adequate protection, valuation and plan confirmation issues.

We work closely with lenders, underwriters, agents and other members of the financial community to structure, negotiate and document a wide variety of debt financings. Along with attorneys from the firm's securities practice, we represent institutional lenders and issuers in the direct placement of corporate securities in corporate debt (secured, unsecured and subordinated), equity and hybrid equity, leverage and synthetic lease and acquisition financings. We have significant practical experience assisting clients with secured and unsecured loans, loan syndications and purchases, asset securitizations, credit enhancement transactions and letters of credit in taxable and tax-exempt financings.

For some businesses, the next phase of development is neither growth nor expansion; instead, consolidation, restructuring and bankruptcy proceedings are the order of the day. Committed to delivering the highest-quality legal services to all of our clients, the firm's Litigation & Dispute Resolution practice, in conjunction with our Creditors' Rights, Insolvency & Bankruptcy practice, has extensive experience guiding companies, creditors (secured and unsecured), bankruptcy trustees and debtors through the intricacies of bankruptcy filings and the often-difficult processes of related commercial litigation.

We represent clients on both sides of these matters, in breach-of-contract actions; enforcement of security interests; lease litigation; foreclosures; fraudulent conveyance and replevin claims; suits to enforce judgments and attach assets; lender liability claims; tax issues; collective bargaining contract rejections; preference claims; plan confirmations; and bankruptcy alternatives such as workouts and loan restructuring, compositions, assignments for the benefit of creditors, bulk sales agreements and nonbankruptcy liquidations.

Further, we understand that cost is a major issue at this stage of transition, and are sensitive to our clients' need for cost-effective legal services.