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BANKRUPTCY AND RESTRUCTURING
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Anderson Kill’s bankruptcy & restructuring attorneys bring broad experience in
complex cases. We understand that troubled businesses face a wide range of
issues and leverage our highly respected practices in other areas of law,
including secured and unsecured lending, structured finance, mergers and
acquisitions, insurance, tax, real estate, ERISA, and employment law, among
others, to handle all bankruptcy or restructuring issues in order to maximize
the benefits and minimize the risks for your business. Through this
comprehensive approach, we determine the best way to strengthen your business’s
position and achieve its goals.
We offer a full range of restructuring resources and strategies. We represent
both domestic and international business clients in debt restructurings,
bankruptcy cases, creditors’ rights matters, litigation and related finance,
mergers and acquisitions and other corporate transactions.
Debtors
Anderson Kill’s attorneys
have substantial experience in representing debtors in Chapter 11 cases and
distressed businesses in out-of-court recapitalizations and restructurings, as
well as through the Chapter 11 process. We also represent businesses in
pre-packaged and pre-negotiated reorganizations.
In representing debtors, our attorneys utilize technical expertise in such areas
as debtor-in-possession financing, asset sales, granting of adequate protection
of interests, treatment of executory contracts and unexpired leases, prosecution
of voidable transfers, and the implementation of new value plans.
We also call upon other practice areas within the firm to address the wide range
of legal issues that routinely arise for debtors in Chapter 11 cases. In order
to assure our successful representation of a debtor, we often employ our
expertise in the areas of commercial litigation, corporate law and finance,
employment and labor law, insurance coverage litigation for policyholders,
intellectual property, real estate and tax.
Navigating a business through the Chapter 11 process requires more than
technical expertise alone. Successfully confirming a business reorganization
requires negotiating skills, financial acumen and a thorough understanding of a
debtor’s business. Because Anderson Kill attorneys have many years of experience
in reorganizing many different types of businesses, we believe that we are in a
unique position to confront and successfully resolve the problems of financially
distressed businesses.
Official
and Unofficial Committees
Anderson Kill has been especially prominent in the representation of
creditors, with engagements on behalf of committees, lending groups and holders
of control positions. Our attorneys have handled the full panoply of complex
financial, business and legal issues necessary to assist committees in
performing their functions.
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Our notable accomplishments have included: |
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Replacing Old
Equity and Management |
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Confirming
Creditor Reorganization Plans |
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Prevailing in
Contested Plan Confirmations |
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Forcing Sales
of Viable Businesses |
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Resolving
Intercreditor Disputes |
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Dealing
Successfully With Complex Capital Structures |
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Unraveling
Securitizations |
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Bankruptcy M&A |
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DIP and Exit
Financing |
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Conflicts
Counsel Engagements |
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Prosecuting
Involuntary Bankruptcy Cases |
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Extensive
Bankruptcy & Restructuring Litigation |
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Committee
Administration |
Bondholder and Indenture Trustee
Our
Bankruptcy & Restructuring attorneys have successfully represented both
ad hoc and official bondholder committees and indenture trustees.
We are especially well known for our success on behalf of bondholders in
difficult cases.
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Our notable accomplishments in difficult
cases have included: |
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Advancement and Enforcement of Bondholder Rights |
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Replacing
Management |
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Confirming
Bondholder Reorganization Plans |
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Terminating
Exclusivity |
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Prevailing in
Contested Plan Confirmations |
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Forcing Sales
of Viable Businesses |
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Forcing
Liquidation of Broken Businesses |
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Prosecuting
Involuntary Bankruptcy Cases |
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Dealing
Successfully With Complex Capital Structures |
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Bankruptcy M&A |
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Extensive
Bankruptcy & Restructuring Litigation |
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Banks and Secured Lenders
Anderson Kill regularly represents banks, secured lenders and other
lending institutions. Because of our extensive experience in protecting
the interests of lenders, both secured or unsecured, we are able to
provide effective representation and evaluation of alternative
strategies to maximize recoveries.
Among the
services we typically provide to lenders are the following: |
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Workouts, loan restructuring and
documentation |
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Representation in voluntary and involuntary
bankruptcy proceedings, including: |
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cash collateral agreements and orders |
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debtor-in-possession financing |
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exit financing |
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bankruptcy litigation |
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Third party litigation involving management
misconduct and professional
malfeasance |
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Filing involuntary bankruptcy petitions |
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Proposing and confirming creditor plans |
General Creditors, Vendors and Lessors
The
Bankruptcy & Restructuring attorneys assist general creditors, vendors,
landlords and equipment lessors in protecting their unique interests.
Among the services we typically provide to creditors are:
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Prosecution or defense of motions relating to
the assumption and/or assignment of executory contracts and
leases |
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Collection of administrative claims and
post-petition use and occupancy payments |
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Protection of client interests in sales or
other dispositions of bankruptcy estate assets |
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Recovery of property and equipment |
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Counseling respecting proper preparation and
filing of proofs of claims |
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Prosecution of motions to lift the automatic
stay |
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Preference and other avoidance actions |
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Filing involuntary bankruptcies or placing companies into
receivership |
State, Local and Foreign
Governments and Agencies
Anderson Kill represents state and local agencies, taxing and regulatory
authorities and foreign governments in complex bankruptcy and related
litigation matters in State and Federal Courts throughout the United
States, including the Bankruptcy Courts.
Our representation of governmental entities includes bankruptcy cases,
adversary proceedings and similar matters relating to tax and revenue
collection, dischargeability and industrial development projects. Our
attorneys have handled matters on behalf of employment, health,
insurance and motor vehicle agencies, ad valorem, sales and
income tax authorities and individual governmental representatives named
personally in proceedings initiated by debtors and trustees.
Investors, Buyers and Sellers of Businesses and Assets
Our
attorneys have extensive experience in mergers, acquisitions, and other
exit transactions in the bankruptcy and restructuring context. We thus
effectively and efficiently represent clients in the purchase and sale
of the stock or assets of corporations in bankruptcy proceedings.
We also represent clients in the purchase and sale of claims in
bankruptcy.
We have represented investors, purchasers and sellers in a variety of
bankruptcy mergers and acquisitions transactions. We have helped
navigate buyers and sellers through acquisitions and dispositions of
entire businesses, as well as specific assets, in numerous matters,
often including cross-border sales. Many times, transactions are
structured to convey and acquire businesses and assets under Section 363
of the Bankruptcy Code. At other times, because of the objectives
of the client, we have been involved in transferring businesses and
assets through plans of reorganization.
In addition to our experience involving typical corporate and bankruptcy
concerns in sales of businesses and assets, our attorneys are often
called upon to address complex issues involving, among other things,
conveying and acquiring businesses and assets free and clear of
environmental, tax, and other governmental claims, as well as product
liability, employee, and successor liability claims. We also routinely
assist our clients in negotiating the transactional details that are
critical to successful bankruptcy sales such as: bidding procedures,
overbids, break-up fees, and other procedures typically utilized in
bankruptcy sales.
Parties in Bankruptcy and
Financial Services Litigation
Because of our firm’s strong litigation expertise, Anderson Kill
routinely handles complex financial services and bankruptcy-related
litigations. Many of these cases involve non-bankruptcy issues in
areas where we also have substantial experience. Relying upon our
substantial litigation resources and experience, we offer effective
representation to debtors and creditors in financial services
litigation, including:
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Asset Recovery |
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Negligence |
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Breach of Fiduciary Duty |
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Plan-Related Litigation |
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Contested Matters |
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Preference Litigation |
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ERISA |
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Professional Malpractice |
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Foreclosure Fraud |
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Proxy Contest Litigation |
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Fraudulent Transfers |
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Securities Trading |
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Indenture Reformation |
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Securities Fraud |
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Insurance Coverage |
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Securitizations |
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Intercreditor
Disputes |
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Trustee Appointment |
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Involuntary Bankruptcy Petitions |
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Tax and Regulatory Disputes |
For more information, please contact:
Todd
E. Duffy, 212-278-1621,
tduffy@andersonkill.com
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