Our Financial Restructuring Practice focuses on the ramifications of financial impairment — from planning for the implications of default or bankruptcy to handling the reorganization or liquidation of substantial businesses.

The Bankruptcy Code and the Bankruptcy Court are creatures of federal law which provide the context for most of our work; even non-judicial planning, negotiation, liquidation and reorganization are conducted against the backdrop of rights and obligations invoked by a formal proceeding. Because bankruptcy is a judicial proceeding, our work combines a...more »

Our Financial Restructuring Practice focuses on the ramifications of financial impairment — from planning for the implications of default or bankruptcy to handling the reorganization or liquidation of substantial businesses.

The Bankruptcy Code and the Bankruptcy Court are creatures of federal law which provide the context for most of our work; even non-judicial planning, negotiation, liquidation and reorganization are conducted against the backdrop of rights and obligations invoked by a formal proceeding. Because bankruptcy is a judicial proceeding, our work combines a business and litigation practice with significant support from other firm practices.

We provide advice concerning creditor rights and debtor protection against creditors, as well as advice to creditors concerning the taking of collateral, enforcement of secured and unsecured claims, creditor remedies and financial restructurings. This work also involves: the defense of fraudulent transfer and preference claims; advice to borrowers and debtors on defenses to creditor claims; restructurings in or outside bankruptcy proceedings; representation of landlords, investors and parties seeking to acquire assets from insolvent entities.

Our recent cases include the:

• Non-judicial liquidation of a failed biotech client which had exhausted over $200 million in financing
• Liquidation through a sale and distribution plan in a case under Chapter 11 in the District of Virginia of an early e-commerce leader which had a market capitalization of nearly $2.5 billion
• Reorganization of a major chain of movie theaters in a Chapter 11 case in the District of Delaware
• Representation of foreign representatives of a Bahamas hedge fund and a Bermuda insurance company in cases ancillary to foreign proceedings
• Purchase of a technologically advanced hydronic and radiant heating enterprise pursuant to a Chapter 11 reorganization plan designed to insulate our client from debtor’s product liability claims.

We regularly represent lenders and other creditors, buyers, investors, sellers, creditor groups and committees in their many roles relative to debtors. Our financial restructuring attorneys are particularly well-versed with federal bankruptcy law and procedure, including federal appellate procedure, secured transaction law and state and common law principles that apply to aspects of financial crisis. less »