Restructuring and Bankruptcy

Our goal is to address our client’s challenges. We know the advantages and disadvantages of out-of-court restructurings, pre-packaged bankruptcies, and in-court solutions.

We understand the vast array of issues that our clients face in distressed situations, and we tailor our approach to each situation, whether in court or out of court, to best achieve our client's goals.

Our ability to deliver on our client’s goals stems from our experience in handling every phase of the restructuring process with an eye toward innovative solutions that focus on our client’s unique operations.

The highly charged and fast-paced nature of bankruptcy litigation, as well as other insolvency-related proceedings outside of bankruptcy court, requires a combination of strategic insight and comprehensive experience. We have established ourselves as one of the nation’s strongest trial and litigation firms. When combined with our familiarity of the Bankruptcy Code, our litigation experience has helped obtain favorable resolutions in court across the country for all types of insolvency-related litigation, arbitration and dispute resolution.

Representing trustees and other fiduciaries, we aggressively pursue litigation when it makes sense, including prosecution of claims outside of bankruptcy court if appropriate. We have also defended clients in lawsuits to recover preferences and fraudulent transfers, as well as in contested bankruptcy claims matters and adversary proceedings. 

The economic climate of recent years has created new challenges for landlords and property owners. Drawing from our experience developing cost-effective strategies that are innovative, realistic and value-driven, we have a history of advising owners of real estate who face challenges associated with their financially distressed tenants. In these matters, our goal remains clear - limit client risk and liability while making the most of client assets.

We represent landlords and owners of office buildings, malls and retail centers, industrial properties and multi-family housing projects in:

• assumption and assignment of tenant leases
• enforcing claims for lease rejection damages
• forbearance agreements
• property management issues, including distressed property and “turnaround” situations
• reorganization under Chapter 11 of the Bankruptcy Code

In business, one company’s crisis is can be another company's opportunity. Our team is adept at identifying both the challenges and the opportunities inherent in situations involving financially distressed companies. We regularly counsel private equity companies, strategic investors and other purchasers interested in acquiring assets from troubled companies, whether through sales by bankruptcy trustees and debtors-in-possession under Section 363 of the Bankruptcy Code, foreclosure sales by secured creditors, sales under Article 9 of the Uniform Commercial Code, or sales by receivers and assignees for the benefit of creditors.