Creditors' Rights, Special Assets & Workouts
- Overview
- Experience
- People
- Insights
Overview
Our Creditors’ Rights, Special Assets & Workout team, which includes nationally recognized lawyers, brings a deep well of knowledge and a variety of corporate and litigation skill sets to help clients navigate this complex and heavily regulated area of financial services law. Clients say they appreciate our ability to conduct a quick but detailed analysis of the underlying transaction in question and then identify and present strategic options to reach the best outcome possible. Drawing on a combination of both institutional knowledge built from decades of experience and cutting-edge technology and service delivery models, we deliver effective yet efficient legal service – always in close collaboration with clients.
We counsel clients in a wide range of industries – including both large prestigious financial institutions and small community banks – on issues that arise in loan workouts, corporate reorganizations, restructurings, commercial foreclosures, receiverships, forbearance agreements, pre-workout loan modification arrangements, asset purchases, debtor-in-possession negotiations, and other matters. On the litigation and dispute-resolution front, clients turn to us for guidance in debtor-creditor disputes of nearly every stripe in federal and state courts and other venues.
Defining Strengths
Among the many other areas in which we counsel clients are:
- Corporate restructuring
- Asset purchases
- Debtor-in-possession matters
- Pre-workout loan modification arrangements
- Forbearance agreements
- Trustees and bondholders representation
Summary
In our initial analysis of a matter, we review the underlying documents to assess the relationship between the lender and borrower. With years of experience, we determine whether the documents establish a valid security interest or contain deficiencies. If deficiencies exist, we identify ways to address them and quickly develop a plan for a pre-bankruptcy workout, reorganization, or bankruptcy liquidation, always aligning with our client’s objectives while managing the crucial details that make a difference.
Clients rely on us for consistent, strategic advice across our eight-state regional footprint. We efficiently match experienced attorneys to each matter, saving time and resources, and drawing on our firm’s other practice groups when needed. For example, when a financial services client makes a loan to a property developer, we frequently consult with our real estate lawyers and integrate them into the engagement team to provide comprehensive support.
We work hard to stay abreast of regulatory changes in the always evolving regulatory areas as well as the complexities of our clients’ businesses. With former in-house financial services lawyers on our team, we bring an inside perspective that enhances our ability to serve clients efficiently. We partner with our clients and serve as trusted advisors, helping clients maximize returns, create new revenue streams, and improve operational efficiency.
Experience
- We represented a significant creditor in a defaulted municipal bond case, including receiver litigation, regarding a water and sewer system. This $3.2 billion workout involved complex negotiations with multiple institutions and legislative action to augment revenues to pay the bond debt. Our team believes this and other such matters position us well for what’s emerging as a fast-growing need across the nation: legal and business counsel on infrastructure financing and defaults on existing bonds.
- A major financial institution we represent recently experienced difficulties with one of its borrowers in the oil and gas industry. Complications surfaced with the credit, involving interest rate valuations and other issues. We advised them on how to restructure their credit, protect their interest in their collateral and work through ways to provide debtor-in-possessor financing, allowing them to restructure. Our client appreciated the favorable outcome we were able to accomplish.
- In a hospital bankruptcy matter, we advised the bank regarding its options on restructuring the loan, and bank officials decided to provide additional financing to help the hospital push through the bankruptcy. We negotiated the terms of the new deal, obtained court approval, and documented and closed debtor-in-possession financing, which granted the hospital the opportunity to reorganize, exit the bankruptcy and move forward.
Related Professionals
Related Services
Working seamlessly and collaboratively across practice groups and offices, we leverage our collective expertise to serve our clients where they need us.
Explore All Services
