Business Restructuring, Creditors' Rights and Bankruptcy

Creditors’ Rights and Financial Services Litigation

Our Restructuring Group has wide-ranging experience representing lenders and other creditors in both in-court and out-of-court reorganizations and insolvencies. Our attorneys have extensive experience with all aspects of the lending cycle, from loan origination to loan amendment and forbearance transactions to post-default enforcement, workout and bankruptcy. Whether we are pursuing resolution through negotiation or litigation, we are committed to maximizing recoveries, mitigating risks for our clients and providing effective solutions to their recovery challenges.

In the bankruptcy context, we represent banks, note holders, agents, and other secured and unsecured lenders and creditors in all aspects of bankruptcy court proceedings, including involuntary bankruptcies, debtor-in-possession (DIP) financing, use of cash collateral, adequate protection, asset sales, plans of reorganization, dischargeability proceedings and other key issues. We also have extensive experience in defending preference and other litigation in bankruptcy court. Our Restructuring Group attorneys also serve as Chapter 11 trustees, trustee counsel and creditor committee counsel.

Outside of bankruptcy, we have extensive experience with the structuring, negotiation and implementation of forbearance transactions, restructuring existing debt and arranging for new or additional debt financing, investment and collateral. We also regularly represent lenders in creditors’ rights litigation including enforcement of loan documentation, commercial mortgage foreclosures and personal property replevins, sales under Article 9 of the UCC, state and federal court receiverships and all manner of judgment enforcement remedies. We also defend lenders against lender liability claims. Members of our Restructuring Group frequently serve as court-appointed receivers in mortgage foreclosures and in dissolution and partner dispute proceedings.