We take pride in providing high-quality legal services in a cost-effective manner. Our team has broad experience in the financial restructuring of businesses.
Bankruptcy Reorganizations: 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. We pursued those plans to confirmation and represented the surviving entities in the successful performance of the agreed plan terms.
We have been retained by committees appointed in Chapter 11 bankruptcy cases to represent the interests of unsecured creditors. We have also been retained by committees appointed in Chapter 9 municipal reorganization bankruptcy cases to represent the interests of bondholders.
Bankruptcy Litigation: We are familiar with all types of bankruptcy proceedings. We frequently represent creditors in Chapter 7 and Chapter 13 bankruptcy cases. We have substantial experience in prosecuting and defending bankruptcy-related lawsuits. Our past work includes:
- 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
- Actions to enforce creditor remedies, such as the imposition of constructive trusts and piercing the corporate veil
- Actions related to claimed breaches of fiduciary duty by officers and directors
Workouts: We regularly represent lenders and borrowers in the restructuring of real estate and asset-based financing. We have represented buyers and sellers in the sale of distressed companies as going concerns.We also assist in the orderly liquidation of the borrower’s assets. Our goal is to maximize the value of the business enterprise for the benefit of all involved parties.
We have arranged for the sale or other disposition of collateral under the Uniform Commercial Code (UCC). 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.
Our close affiliations with lawyers throughout the United States and our regular appearance in bankruptcy courts in the Rocky Mountain and Southwestern states gives us the connections and experience to provide effective representation for clients involved in bankruptcy proceedings throughout the country.
|