We regularly represent a variety of unsecured and secured creditors in bankruptcy proceedings throughout the country, including Fortune 500 companies, mid-sized and small businesses, lenders, bondholders, landlords and tenants, principals and employees. In so doing, we are well-versed in the laws affecting the rights of creditors in bankruptcy and insolvency scenarios, as well as the strategies that must be employed to protect and preserve the rights and interests of our creditor clients.
For our unsecured creditor clients, we provide a vast array of services designed to maximize claims and distributions, and to limit losses associated with a bankruptcy or insolvency event, including:
- Preparing and prosecuting proofs of claim and administrative claim requests
- Responding to and litigating claims objections brought by chapter 11 debtors and chapter 7 trustees
- Negotiating assumptions and assignments of executory contracts and unexpired leases
- Marketing and selling general unsecured, priority and administrative bankruptcy claims
- Preparing and prosecuting involuntary bankruptcy petitions
- Defending against preference and fraudulent transfer litigation brought by debtors, trustees and committees
Our team possesses the experience needed to protect and advance our secured creditor clients’ interests in state and federal courts across the country:
- Our experience includes representing many banks, commercial lenders and other secured creditors in judicial foreclosure actions in both state and federal courts in cases involving both real and personal property and have conducted multiple foreclosures under the Uniform Commercial Code.
- We have successfully obtained the court appointment of receivers to protect our secured clients’ collateral and have also represented receivers.
- Our representation includes secured creditors in chapter 11 bankruptcy cases.
- We are experienced in negotiating debtor-in-possession financing facilities, cash collateral and adequate protection orders and exit financing facilities.
Through collaboration with our Fraud and Internal Investigations Team, we investigate and prosecute fraud claims against directors, officers and investors of businesses in both bankruptcy and non-bankruptcy venues on behalf of creditor clients. Our experience extends to the post-judgment arena, where we are experienced in finding, recovering and converting assets, foreclosing on personal and business interests and employing sophisticated tactics to maximize collections.
Our creditor representations extend to some of the largest and most complex cases filed in the United States in the last 10 years, including the Representative Matters listed below.