The services the group provides range from execution of routine filings on behalf of unsecured creditors to the development and implementation of sophisticated strategies, negotiations, transactions and litigation on behalf of secured creditors, official unsecured creditors’ committees, debtors and landlords. The group also interfaces with the Firm’s M&A group in the context of sales of the bankrupt’s assets, whether in the role of counsel to the debtor which 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; or as counsel to the potential acquiror, providing experienced-based guidance throughout the unique acquisition process.

The wide range of services provided by attorneys in the group is described below:

• As counsel to secured creditors, landlords, equipment lessors and other creditors, the group carefully analyzes the creditors’ goals and debtors’ predicament, immediately takes control of a generally unstable situation, and recommends a positive course of action for the lender/creditor; obtains prompt resolutions of cash collateral and adequate protection and administrative expense issues; protects the lender’s interests by obtaining relief from the automatic stay, abandonment, or adequate protection payments, where applicable; negotiates with the debtor, creditors’ committees, and taxing authorities to ensure that the lender’s best interests are served in any plan of reorganization; objects to any motion or plan of reorganization unfavorable to the lender’s interests; analyzes the real estate, business and tax consequences of any proposed disposition of property or interest; when necessary, prepares a plan of reorganization and disclosure statement on behalf of the lender; negotiates creative and favorable resolutions in work-outs; when appropriate undertakes litigation, including foreclosure, and all activity necessary to collect on judgments.
• As counsel to unsecured creditors’ committees, the group participates in negotiations related to various business activities of the debtor that require court approval or support of the creditors’ committee; reviews all motions and applications filed with the court by the debtor as well as monthly operating statements; participates in negotiations with the debtor, the secured lender and their counsel on behalf of the committee regarding terms and conditions of a proposed plan of reorganization; reviews applications for compensation and recommends actions for the committee; reviews disclosure statements for adequacy and, after court approval, assists in the voting procedure. 
• As counsel to debtors in Chapter 11 proceedings, the group analyzes the causes of the client’s financial condition and, with the assistance of the client’s accountants, becomes conversant with the client’s business; assists management in the operation of its business consistent with the requirements of the U.S. Bankruptcy Code, including use of the Firm’s tax, labor, corporate, real estate and litigation attorneys when needed; participates with the client in the development of a plan of reorganization and thereafter in negotiating its approval by the bankruptcy court and all creditors; prepares 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, the group litigates cases related to reorganization and liquidation proceedings including preferences, fraudulent conveyances, allowance of claims, liens and issues related to executory contracts.

Attorneys in this group have a broad based business perspective as well as finely honed legal skills and knowledge of the U.S. Bankruptcy Code. Our attorneys have extensive experience with the problems and concerns of both entrepreneurs and lenders. Taking a “bottom line, deal maker” approach consistent with the goals of the client, our group members are result-oriented and aware of the need for timely and cost-effective response.

The breadth of industry knowledge of members of the group as well as that of the Firm is particularly helpful in advising both debtors and creditors on the variety of business questions that arise in the course of bankruptcy proceedings. Group members are especially familiar with the reorganization problems that have faced such groups as banking institutions, health care institutions, the thrift industry, retail concerns and real estate developers.

Because this area of the law is a particularly pleading and paper intensive practice, administratively, the group runs “a tight ship” with effective case management, sophisticated automation support and experienced paralegals. No case is too big or too small, as the group is prepared to staff any matter in a cost-effective manner and within the client’s budget.