Our attorneys have acted as counsel in a variety of bankruptcy and creditors rights matters, including:
- As counsel to most of the national, regional and local financial institutions with a Midwest presence. We have developed and implemented successful collection strategies in all market segments, from real estate receiverships to operating chapter 11 bankruptcies, to protecting and enforcing our clients' rights.
- As counsel to the debtor that has determined to dispose of some of its assets to raise capital or to place its active company “in play” as an alternative exit strategy to the bankruptcy process.
- As counsel to the potential acquiror, providing experienced-based guidance throughout the unique acquisition process.
- As counsel to creditors including landlords, equipment lessors and secured creditors. The group carefully analyzes the creditors' goals and debtors' predicament, taking control of a generally unstable situation and recommending a strategic course of action for our client.
- As counsel to analyze the real estate, business and tax consequences of any proposed disposition of property or interest. When necessary, we prepare a plan of reorganization and disclosure statement on behalf of our client whether as debtor or creditor. We also negotiate creative and favorable resolutions in work-outs, and undertake any necessary litigation, including foreclosure, and all activity to collect on judgments.
- As counsel to the secured and unsecured creditors' committees. The group participates in negotiations related to various business activities of a debtor that require court approval or support of the creditors' body. Group attorneys regularly review applications for compensation and recommend actions for the client to maximize their return. We also review disclosure statements for adequacy and, after court approval, assist in the voting procedure.
- As counsel to debtors in chapter 11 proceedings. We analyze the causes of the client's financial condition and, with the assistance of the client's financial advisors, become conversant with the client's business. Our attorneys participate with the client in the development of a plan of reorganization and thereafter in negotiating its approval by the bankruptcy court and all creditors. We also prepare the disclosure statement required to obtain creditor approval and confirmation of the plan of reorganization and, finally, implementation of the plan.
- As counsel for either plaintiff or defendant in litigation. We litigate cases related to reorganization, insolvency and liquidation proceedings including preferences, fraudulent conveyances, foreclosures, allowance of claims, liens and issues related to executory contracts.