Bankruptcy, Reorganization & Creditor’s Rights

Financial distress exposes creditors, investors, lenders, landlords, commercial tenants, and others to immediate and often escalating risks.  Our bankruptcy and restructuring practice is built on years of representing clients in complex, time-sensitive distressed environments, including situations involving collapsing borrower relationships, accelerating defaults, and strategic behavior by debtors seeking to alter leverage dynamics through the bankruptcy process.  We help clients stabilize the situation early, preserve their legal and economic rights, and implement a strategy that maximizes recoveries.

Our practice is heavily grounded in litigation, and we bring that perspective to every restructuring engagement.  We represent clients in adversary proceedings, including disputes involving fraudulent transfers, avoidance actions, and objections to confirmation.  Because we have litigated the underlying business disputes that often lead to insolvency, we are able to identify leverage points quickly and design strategies that withstand scrutiny in bankruptcy court.

We also have significant experience defending creditors in preference actions, where trustees or debtors attempt to claw back pre-petition transfers.  These cases frequently hinge on details that are often overlooked: the actual cadence of payments before default, the presence of new-value offsets, the consistency of the parties’ commercial relationship, and the timeline of financial deterioration.  We focus on building a factual record that supports statutory defenses, challenging formulaic or overstated damages theories, and positioning the creditor for dismissal or a negotiated resolution that reflects the true dynamics of the relationship.  Our goal is to eliminate unnecessary exposure for creditors and ensure that preference litigation does not distract from the creditor’s ability to recover.

We also handle the full spectrum of avoidance actions, including fraudulent transfer litigation, constructive-fraud claims, and challenges to insider or related-party transactions.  These disputes require a disciplined approach to financial analysis, documentation, and discovery, and they often determine whether a creditor is able to preserve or enhance its recovery.

Beyond litigation, we advise creditors and acquirers on distressed M&A and loan workouts, including §363 sales, credit-bid transactions, distressed-asset purchases, and loan-to-own strategies.  Our experience in distressed real estate and corporate restructurings allows us to navigate valuation disputes, successor-liability risks, contested assumption or rejection of contracts, and the strategic use of DIP and exit financing to shape outcomes.  We also represent debtors, trustees, and receivers in select matters that require structured oversight, operational clarity, and disciplined management of competing creditor interests.

Our bankruptcy and restructuring work includes:

  • Pre-Negotiation Agreements

  • Chapter 11 Reorganizations

  • Adversary Proceedings

  • Avoidance Actions

  • Preference Actions

  • Distressed M&A & Loan Workouts

  • Debtor and Creditor Representation

  • Trustee & Receiver Representation

  • DIP and Exit Financing