Overview
Our bankruptcy team has a long history of involvement in major bankruptcy proceedings in the Southeast and throughout the nation. We represent clients in the manufacturing, real estate, health care providers (including hospitals and nursing homes), agriculture, retail, education, and construction industries.
Burr & Forman's practice originated with an emphasis on representing major secured lenders in Chapter 11 bankruptcies but has evolved far past its initial role to include representation of business debtors as well. We represent official creditors' committees, bank debt and ad hoc creditor groups, secured lenders, equity holders, derivative and swap counterparties, and other creditors in out-of-court reorganizations, debt restructurings, enforcement processes, liability management strategies, and bankruptcy proceedings.
We assist clients in matters related to bankruptcy litigation including:
- Acquiring companies through Chapter 11
- Real estate loans & commercial leases
- Breach of fiduciary duty & other D&O claims
- Chapter 11 process (drafting & confirming creditors and debtors Chapter 11 plans)
- Debtor-in-possession financing, use of cash collateral, adequate protection, & relief from automatic stay
- Out-of-court debt restructuring & workouts
- Preference, fraudulent conveyance, & other avoidance actions
- Fraudulent transfer & preference actions as well as equitable subordination actions
- Representing debtors, committees, and major creditors in Chapter 11 cases
- Section 363 sales
Additionally, our creditor committee representation is able to advise the committee on all matters pertinent to Chapter 11 proceedings, including, among other things:
- Debtors ability to sell substantially all of its assets with expedited notice
- Debtors financing & restructuring strategy
- Most effective & efficient means of maximizing value for unsecured creditors
- Validity and/or extent of secured creditors liens & claims
- Validity & prosecution of potential bankruptcy & non-bankruptcy related causes of action
- Valuation & solvency of a debtor and/or its assets
Trade Creditors
Trade creditors have their own interests in bankruptcy cases, and Burr & Forman represents trade creditors in all aspects of the case, including formation of the unsecured creditors committee, confirmation, the claims allowance process, and defense of preference or other avoidance actions or adversary proceedings. We understand the importance to trade creditors of immediately securing advice when a customer files bankruptcy and of understanding all of the tactics that can advance the interest of unsecured creditors, including reclamation, 503(b)(9) applications, recoupment and set off.
