Bankruptcy and Restructuring

We have significant experience representing parties in complex bankruptcy and reorganization cases, as well as out-of-court workouts and assignments for the benefit of creditors. We provide advice and counsel to clients regarding all aspects of bankruptcy, reorganization, creditors' rights and related transactions and litigation.

Our lawyers represent lenders in negotiating, documenting, restructuring and enforcing secured loans and leases. Our knowledge of the bankruptcy process—the drawbacks, the benefits and the likely outcomes—makes us particularly well suited to evaluate, structure and implement out-of-court solutions. Where bankruptcy cannot be avoided, we have extensive experience advising clients on contested use of collateral, modification of the automatic stay, plan confirmation and other issues that affect creditor recovery.

We have substantial experience advising commercial creditors, such as suppliers, landlords, IP licensors, guarantors, concerning creditors' remedies, dispute over allowance of claims, defenses of preferences and fraudulent conveyances, assumption or rejection of executory contracts and leases and other related issues. Our attorneys frequently advise clients regarding their application to, and participation on, creditors' committee and assist in the selection of committee counsel.

We also advise other parties of interest involved in distressed situations. For example, we counsel officers and directors of insolvent companies regarding their fiduciary obligations. We are also experienced in helping clients sort through the murky and confusing intersection of intellectual property law and the Bankruptcy Code to minimize the impact of a bankruptcy filing by or against a licensor or licensee on an intellectual property license.