We represent debtor clients navigating insolvency, across the full spectrum of restructurings from out-of-court workouts through to Chapter 11 proceedings. 

We regularly represent secured creditors whose borrowers are in financial distress. Clients often turn to us to handle workouts, informal debt restructurings, Article 9 foreclosures, as well as for representation in bankruptcies, receiverships, and other insolvency proceedings. Our lender clients include the largest commercial mortgage-backed security special servicers, with the entire range of commercial properties as collateral. 

Creditors seeking repayment from debtors count on us to help them obtain the maximum return on their claims. Our clients benefit from our substantial experience representing official creditor committees. We also represent individual unsecured creditors in bankruptcies and other insolvency proceedings, from filing a proof of claim to monitoring the proceedings and litigating avoidance actions. 

We frequently represent third parties seeking to buy assets out of a distressed situation, including Article 9 sales, ABCs, and bankruptcy. Working with both strategic and financial buyers, we take preemptive measures to mitigate the risks associated with these acquisitions. We have a wealth of experience with stalking horse bidders, bid protections, breakup fees and credit bidding, and offer strategies that give our clients an advantage in competing with other bidders. 

Bankruptcy often involves wide-ranging litigation, including claims for breach of fiduciary duty, corporate waste, intellectual property rights, director and officer liability, and employment law questions. To fully protect our clients’ rights in litigation, we draw on the substantial strength of attorneys in other practice areas, such as patent prosecution and litigation, insurance coverage, business litigation, labor law, tax, and corporate governance. 

Our lawyers frequently serve as counsel to Chapter 7 and Chapter 11 trustees, as well as similar estate fiduciaries such as plan agents, liquidating trustees, assignees, and equity receivers.  

We represent equity holders in all aspects of restructurings and bankruptcy proceedings. Our clients include official Chapter 11 equity committees, ad hoc committees, individuals, private equity and venture capital funds, and strategic and family office investors. 

Our nationally recognized practice provides high-quality representation to corporate trust companies and the corporate trust departments of major banking institutions serving in the capacity of indenture trustees and agents for publicly issued debt. We have played prominent roles in representing these institutions in the context of bond defaults and issuer bankruptcy cases across the country. Working closely with our corporate trust and litigation colleagues when appropriate, our bankruptcy attorneys offer clients a rare depth of experience and capability in this area, providing skilled counseling and representation. 

We regularly represent parties in bankruptcy appeals before federal district courts, bankruptcy appellate panels, and circuit courts of appeals. Our bankruptcy lawyer also represented the Chapter 11 debtors before the Supreme Court of the United States in the high-profile case RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012), involving a secured creditor’s right to credit bid at the sale of its collateral through a Chapter 11 plan.