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Fairfield and Woods, P.C., Attorneys and Counselors since 1934


Reorganization, Workouts, and Bankruptcy

We have broad experience in the financial restructuring of businesses. We regularly represent lenders and borrowers in the restructuring of real estate and asset-based financing agreements and other commercial loans, in the sale of the borrower's business or assets under distressed circumstances, and in the orderly liquidation of the borrower's assets, all with a goal to maximizing the value of the business enterprise for the benefit of all constituencies. We work closely with our clients to devise the best strategies, whether in or out of bankruptcy court, to achieve their goals. We have arranged for the sale or other disposition of collateral under the Uniform Commercial Code. We frequently represent lenders in seeking the appointment of receivers for their collateral, and receivers appointed at the request of lenders to preserve and protect their collateral pending foreclosure.

We are familiar with all types of bankruptcy proceedings; we regularly represent lenders, and occasionally represent borrowers, in Chapter 11 reorganizations. Whether on behalf of lenders, borrowers, or other constituencies, we have successfully negotiated numerous plans of reorganization calling for the rehabilitation, sale, or liquidation of the debtor's enterprise, have pursued those plans to confirmation, and have represented the surviving entities in the successful performance of the agreed plan terms. We frequently represent creditors in Chapter 7 and Chapter 13 bankruptcy cases. We also have substantial experience in prosecuting and defending bankruptcy-related lawsuits, including actions brought pursuant to a bankruptcy trustee's avoiding powers, such as preference and fraudulent transfers claims, actions to challenge the discharge of a debtor, or the dischargeability of a particular debt, and actions to enforce creditor remedies, such as the imposition of constructive trusts and piercing the corporate veil. We have been retained by committees appointed in Chapter 11 bankruptcy cases to represent the interests of unsecured creditors and by committees appointed in Chapter 9 municipal reorganization bankruptcy cases to represent the interests of bondholders.

We appear regularly in bankruptcy courts in the Rocky Mountain and Southwestern states, and we have developed close affiliations with lawyers throughout the United States to provide effective representation for clients involved in bankruptcy proceedings anywhere in the country. We take pride in providing high quality legal services in a cost-effective manner.

Reorganization, Workouts, and Bankruptcy Attorneys:
arrowCaroline C. Fuller
arrowThomas P. Kearns
arrowMichael M. McKinstry
arrowCharlton H. Carpenter
arrowCraig D. Joyce
arrowJames M. Mulligan



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