Clients turn to the attorneys in the Bankruptcy and Creditors' Rights Group for help with litigation and transactions relating to bankruptcy, insolvency, loan workouts, collections, repossessions, foreclosures, lien disputes and other matters affecting debtor/creditor relationships. The Group has extensive experience in both commercial and consumer issues.
We understand the financial industry, and we work closely with clients in matters regarding transactional issues with debtor/creditor implications, including matters involving asset securitization. We also represent both buyers and sellers in connection with sales arising out of bankruptcy, insolvency and liquidation proceedings. We regularly represent various financial institutions in bankruptcy and creditors' rights issues, and also have been involved in pre-bankruptcy planning issues and represented debtors in Chapter 11 cases, and have served as bankruptcy trustees and examiners.
In the litigation area, our attorneys handle cases dealing with preferences, fraudulent transfers, lien avoidance, secured creditor rights, forfeiture, setoff, lender liability, breach of contract, dischargeability and numerous other creditors' rights issues. We also work with other practice groups in the Firm to provide valuable assistance regarding problems that can arise in transactions having implications in the bankruptcy, insolvency and collection areas.
Representative Matters
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Represented secured lenders in numerous Chapter 11 proceedings with wide variety of collateral ranging from real estate to accounts receivable to intellectual property.
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Represented dozens of large regional and national landlords in Chapter 11 cases, including the representation of more than 50 landlords in one large publicly traded retail business in bankruptcy.
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Coordinated regional representation of several national consumer lenders in Chapter 7 and Chapter 13 bankruptcy cases and defense of class action litigation brought by a trustee in consumer cases.
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Represented bankruptcy examiner in investigation and analysis of alleged officer/director liability of publicly traded company and, in several other Chapter 11 cases, represented members of board of directors sued by bankruptcy trustee for breach of fiduciary duties.
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Represented Chapter 11 debtors in a number of real estate cases, including multiple apartment complexes and resort hotel property.
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Represented Creditors' Committees, Bondholders' Committees, Trustees and Examiners in Chapter 11 cases, as well as service state court receiver.
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Represented numerous buyers of assets and businesses out of bankruptcy, including manufacturing facilities, hospitals, nursing homes, restaurant chains, office buildings, aircraft, real estate, personal property and a variety of other business operations.
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Coordinated foreclosures involving complex commercial properties.
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Represented equity holder with approximately $1 billion of investment in pre-bankruptcy workout negotiations involving a large national company.
Representative Litigation Matters
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Represented defendants sued throughout the country in connection with preference litigation, including approximately 75 preference defendants in one large retail bankruptcy proceeding.
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Represented secured lender owed approximately $80 million in bankruptcy of large franchise restaurant operation.
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Represented Bankruptcy Examiner in investigation and analysis of alleged officer/director liability of publicly traded company.
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Represented approximately 30 landlords in bankruptcy of large publicly traded retail business.
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Represented equity holder with approximately $1 billion of investment in pre-bankruptcy workout negotiations involving large national company.
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Served as Bankruptcy Examiner appointed to oversee litigation expenditures in large patent infringement case.
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Represented Bondholders' Committee in bankruptcy proceedings relating to single asset real estate bankruptcy.
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Represented creditor holding $20 million in mortgage debt in complex apartment bankruptcy case.
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Represented members of board of directors sued by bankruptcy trustee for breach of fiduciary duties.
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Coordinated foreclosure efforts for numerous properties in multiple states in connection with restaurant chain insolvency matter.
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Represented Creditors' Committee in suit to recover monies from controlling shareholder and directors for breach of fiduciary duty and corporate waste related to the shifting of assets to related companies and the payment of excessive salaries.
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Represented national lender in class action litigation over handling of claims in consumer bankruptcy matters.
Representative Clients
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