Bankruptcy

Bankruptcy

Overview

The Bankruptcy practice group handles debt restructurings, out-of-court reorganizations and bankruptcy cases involving large corporate and other commercial obligors. While a primary focus of the group's bankruptcy practice consists of representing financial institutions as secured or unsecured creditors or lessors, a significant part of our practice includes the representation of debtors, creditors committees and bankruptcy trustees. The firm regularly represents clients in bankruptcy cases filed in Georgia, Delaware, New York, Alabama, North Carolina, South Carolina, Florida, Tennessee, and Texas.

In addition, members of the Bankruptcy practice group have served in the role of examiner in a number of large chapter 11 cases. One member of the Bankruptcy practice group is regularly retained as a mediator for commercial law disputes in the context of bankruptcy cases, including mediation of preference and fraudulent transfer cases and post-confirmation suits against officers, directors and former shareholders.


Services

Bankruptcy and Financial Restructuring

We provide in-depth experience in nearly all aspects of bankruptcy and restructuring matters. We represent debtors, lenders, committees, landlords, corporations and other creditors in Chapter 7 and Chapter 11 proceedings and related adversary proceedings. Because a bankruptcy proceeding will not always provide the best outcome in distressed situations, we also have substantial experience representing clients in out-of-court restructurings and state law receiverships.

Our Bankruptcy practice group's experience in receiverships and other bankruptcy alternatives is preeminent. Members of our team regularly represent creditors, receivers, and other parties in these types of cases, and have developed unmatched expertise.
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Distressed M&A

In recent years, the purchase and sale of assets and businesses has developed into a significant component of commercial bankruptcy and insolvency practice. Sellers in distress situations many times see a bankruptcy court sale as the best way to conduct an orderly sale process and achieve the best value for their creditors and stakeholders. Purchasers of distressed assets likewise understand and appreciate the value and protections afforded in bankruptcy court asset sales.

We have extensive experience in representing purchasers and sellers of assets in Chapter 11 and Chapter 7 cases, and in other distress situations. Our attorneys have represented numerous purchasers in their successful acquisitions of distressed assets, and they have also acted as counsel to bankruptcy debtors in sales of distressed assets.
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DIP and Exit Financing

Over many years of practice, our Bankruptcy practice group has earned a reputation as the preeminent firm to handle representation of financial institutions as secured or unsecured creditors or lessors. We have unmatched experience and expertise in the negotiation and documentation of “debtor in possession” or exit financing to Chapter 11 debtors. That experience extends to representation of lenders and other creditors in pre-bankruptcy negotiations, workouts, and out-of-court debt restructuring.
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Acquisition Financing

In addition to the work performed in this area by our Corporate and M&A Team, the Bankruptcy practice group has extensive experience in advising lenders on the issues that accompany leveraged buyouts, financed acquisitions and recapitalization, including lender liability and the risks posed by state and federal fraudulent conveyance and similar laws. Because of our vast experience representing lenders in virtually all forms of commercial financing, we regularly assist our Commercial Finance Team in structuring transactions to provide protection of the lender's interests and to achieve the optimal result for borrower and lender. Our Bankruptcy practice group takes that experience one step further, providing guidance to lending clients in connection with acquisition of assets or businesses in bankruptcy or other distress situations.
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