Bankruptcy, Creditors’ Rights & Business Restructuring
In today’s competitive, complex business environment, more and more companies that face financial and legal challenges are turning to bankruptcy as a planning tool to reorganize their core businesses.
While bankruptcy may threaten the viability of one’s business interests, it also offers strategic opportunities. For a lender or creditor, bankruptcy provides a chance to obtain viable securities for investments. It grants debtors relief from creditors’ actions and additional time to devise reorganization plans. Bankruptcy also presents buyers with businesses and assets available for acquisition.
Fowler White has extensive experience handling bankruptcy proceedings and the spectrum of insolvency matters around the U.S. and locally, on behalf of foreign liquidators. Our attorneys assess the legal and economic challenges involved in complex restructuring and bankruptcy matters in order to implement practical solutions that achieve clients’ specific objectives. From our experience representing both debtors and creditors we understand the perspective, and the competing interests, of the parties involved in a bankruptcy. This vantage point enhances our ability to manage diverse client interests in a cost-effective manner without unnecessary expenditure of time and resources. In addition, the capability and expertise of the firm’s other practice areas from appellate to tax, enable us to assemble a team of attorneys to successfully address the wide range of issues that frequently arise in bankruptcy matters.
Our bankruptcy practice represents a broad range of clients, including:
- Publicly and closely held companies
- Chapter 11 and 7 trustees
- Creditors’ committees
- Secured creditors
- Unsecured creditors
- DIP lenders
- Foreign representatives (liquidators)
- Investors or purchasers of assets and distressed companies
- Claims purchasers
- Boards of directors
- Banks and other financial institutions
We have substantial experience representing official and unofficial creditors’ committees. Our attorneys actively engage in negotiations, but when litigation is unavoidable, we aggressively pursue remedies for creditors in court. When needed, Fowler White provides analysis on company operations and management competency, and investigates pre-bankruptcy activities to determine asset recovery probability. Clients rely on our ability to reconcile diverse interests and build a consensus strategy that will maximize payments for all involved entities.
We have handled virtually every form of insolvency and workout. Our experience includes:
- Chapter 11 sales of assets and businesses
- Out-of-court restructuring
- Chapter 7 liquidations
- Real estate workouts, foreclosures and bankruptcies
- International insolvency proceedings
- Collateral liquidation
- Bankruptcy litigation
- Debtor-in-possession financing
- Cash collateral stipulations
- Specialized insolvency proceedings
- Utilities and other critical vendors
- Distressed loans and distressed financial assets
- Litigation involving executory contracts and unexpired leases
- Valuation proceedings
- Automatic stay litigation
- Involuntary petitions
Bankruptcy affects every major industry and each case comes with its own set of challenges and unique issues. At Fowler White, we pursue the options that best serve the individual needs of our clients and develop practical, yet innovative solutions that will contribute to business continuity and economic stability.