Overview
When it comes to workouts and restructuring, our full-service team advises secured and unsecured creditors, loan servicers, special servicers, acquirers, and other involved parties in debt and equity restructurings. Our attorneys handle all areas of real estate loan workouts, restructurings, and foreclosures, both inside and outside of court and bankruptcy matters.
Our team is experienced in handling distressed mergers and acquisitions (M&A), whether in an out-of-court transaction, a state court receivership, Section 363 sale under the Bankruptcy Code, under a plan of reorganization, or in a prepackaged or other enforcement transaction. We work with a distressed company's management and financial advisors to craft the optimal business-focused solution.
Our team concentrates on the acquisition, disposition, restructuring, and development of troubled properties. We sometimes install receivers to manage those properties. Additionally, our strength in banking allows us to provide financial institutions with counsel in connection with debtor in possession (DIP) financings and exit financings related to distressed M&A. We develop, negotiate, and execute reorganization strategies for all types of matters found in the asset resolution section of banks.
We are experienced in representing stalking horse buyers and other bidders in bankruptcy 363 sales. Sellers in distress situations many times utilize a bankruptcy court sale as the best way to conduct an orderly sale process and achieve the best value for their creditors and stakeholders. Similarly, the purchasers of distressed assets appreciate the value and protections afforded in a bankruptcy court-blessed asset sale.
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.
In addition, we often represent manufacturers who are customers of insolvent entities where the manufacturer must immediately have a unique part made by its sole source, the financially distressed supplier, who is expected to deliver the part on a “just in time” basis.
