We represent foreign and domestic companies in matters related to insolvency, debt restructuring and bankruptcy, including Chapter 7 and Chapter 11 bankruptcy proceedings. As part of our bankruptcy and reorganization practice, we regularly represent companies and investors in reorganizations and restructurings, both inside and outside of bankruptcy proceedings, particularly in cross-border situations. We have extensive experience in advising debt and equity investors with respect to issues under United States bankruptcy laws and in structuring financing and equity transactions in connection with bankruptcy proceedings and corporate reorganization, including debtor-in-possession financing (DIP financing).
We also regularly assist creditors, including creditors with priority claims under Section 503(b)(9) of the Bankruptcy Code, in asserting claims in bankruptcy and other insolvency proceedings in the United States. In these proceedings we also represent recipients of payments and assets in preference and fraudulent conveyance claims. As part of our bankruptcy practice, we routinely represent creditors and other parties in the large U.S. bankruptcy and insolvency proceedings such as the Lehman Brothers and Madoff bankruptcies.
Our attorneys also regularly advise liquidators of privately held companies and private funds, and are available to serve as liquidators in these instances.
Our expertise includes the following:
- Advising companies and investors as to all aspects of U.S. bankruptcy and State dissolution laws,
- Advising boards of directors of companies in financial duress on compliance with fiduciary duties,
- Representing banks, lending institutions and institutional creditors in collections and bankruptcy matters,
- Representing lessors in complex commercial lease defaults,
- Representing investors in the acquisition of assets of distressed companies, either in Chapter 7 of Chapter 11 bankruptcy proceedings or state court initiated auctions of assets, such as assignments for the benefit of creditors,
- Defending creditors from preference and fraudulent conveyance claims by debtors in bankruptcy proceedings,
- Filing proofs of claim in bankruptcy cases and asserting priorities where possible, and
- Representing significant corporate and personal petitioners in bankruptcy proceedings.