Bankruptcy & Creditor’s Rights

We see financial distress from every side, and use that perspective to protect your interests

Bankruptcy is rarely a one-sided problem. A debtor may be fighting to preserve its business, while a lender is focused on collateral. A trade creditor is trying to recover what it is owed, and a potential purchaser is looking for an opportunity. We understand each of those positions because we have represented parties across the full spectrum of bankruptcy and creditors’ rights matters, allowing us to anticipate the next move, maximize your leverage and build strategies grounded in both the law and the commercial realities of the situation.

Our experience includes representation of:

• Debtors-in-possession, chapter 11 trustees, first lien noteholders, DIP lenders, other secured creditors, unsecured creditors, and asset purchasers in Chapter 11 reorganizations
• Rural hospitals, water districts and other municipalities in Chapter 9 proceedings
• Agricultural debtors and secured lenders in Chapter 12 farm reorganizations
• Secured lenders, unsecured creditors and court-appointed committees
• Receivers
• Borrowers and lenders with respect to workouts and out-of-court restructurings

If a business can be saved, we build the path forward

Restructuring is one of our defining strengths. We know how to assess what remains viable, address the financial and operational pressures threatening the business and collaborate with clients to structure a path designed to stabilize the business, preserve value and keep critical options open. Our lawyers are also skilled in the negotiation and preparation of instruments in financially distressed situations including letters of credit, inter-creditor agreements, debtor-in-possession financing agreements, loan modification agreements, workout agreements, forbearance agreements, negotiable instruments, collateral liquidation agreements, investor notes, sale leaseback agreements and factoring agreements.  

We bring the experience. You gain the leverage.

Bankruptcy matters move quickly, leave little room for error and often require difficult decisions with significant financial and operational consequences. Our highly experienced team includes two Fellows of the prestigious American College of Bankruptcy, a distinction that reflects the depth, judgment and national standing of our practice. Just as important, our lawyers have earned the credibility and respect of bankruptcy judges across jurisdictions through decades of sophisticated restructuring and courtroom work. That experience allows us to assess the pressure points early, anticipate how competing interests may respond and pursue the strategy most likely to protect our client’s position. Whether the best outcome is negotiated across the table or fought for in court, clients benefit from a team that knows the process, understands the players and acts decisively.

Staying ahead of the pressures reshaping the bottom line

Shifting government policies, reimbursement pressures and market cycles are creating serious challenges across several of the industries we serve. Rural hospitals are confronting increasingly difficult reimbursement environments, while farmers and other agricultural producers are facing rising costs, uncertain commodity prices and reduced government support. Commodity-based businesses, including oil and gas companies, must also prepare for the financial strain that accompanies sharp and often unpredictable market swings. Our experience with the operational and regulatory pressures facing these sectors helps us identify issues early and develop proactive solutions for our clients so they can exploit uncertainty.