As a result, the Firm has a combined 20 or more lawyers supporting its Bankruptcy, Restructuring and Insolvency Practice and the Firm is well-positioned to handle all aspects of large and middle market size distressed, bankruptcy and insolvency related matters – including pre-bankruptcy counseling, out-of-court financial restructurings and workouts, Chapter 11 reorganizations, Chapter 7 liquidations, debtor-in-possession (DIP) financing, sales and purchases of distressed and insolvent companies and assets, distressed investing, distressed debt and claims trading, as well as bankruptcy and insolvency litigation and debtor creditor disputes – on behalf of debtor companies, their bankruptcy estates, their liquidating trustees, their secured and unsecured creditors, purchasers of assets, and other parties who may need counseling and representation in these areas.
Our lawyers are experienced in litigating all aspects of bankruptcy and insolvency related litigation and debtor creditor disputes in the bankruptcy courts and in other forums, including fraudulent transfer claims, preference actions, litigating disputed claims in bankruptcy, directors’ and officers’ liability, plan confirmation disputes, Ponzi scheme litigation and other clawback actions. Clients have called on the Firm not only to pursue and defend such actions, but also to develop innovative litigation strategies and dispute resolution solutions. Currently, the Firm represents Lehman Brothers Holdings Inc., Lehman Brothers Special Financing Inc., and other debtor affiliates in their Chapter 11 bankruptcy in connection with adversary proceedings against dozens of major financial institutions seeking to recover billions of dollars.
The Firm counsels troubled entities long before reaching the bankruptcy stage, and negotiates tactfully, but aggressively, on behalf of such entities or their creditors to workout financial disputes and to develop restructuring strategies both in and out of bankruptcy. The Firm prides itself on identifying unique and successful solutions to its clients’ problems, and in moving quickly to implement them. In addition, the Firm counsels executives of companies in, or headed for, bankruptcy with respect to their rights and obligations, including issues related to employment agreements, severance claims and allegations of malfeasance.
The Firm’s extensive collective experience in representing corporate debtors, both large and small, in bankruptcy reorganizations and insolvency proceedings enables it to handle the most complex bankruptcies, from filing to confirmation and beyond. Examples of corporate debtors and liquidating trustees which the Firm’s attorneys have represented in Chapter 11 cases include Greate Bay Hotel & Casino, Inc. (owner of the Sands Casino in Atlantic City), Elsinore Shore Associates (owner of the Atlantic Casino in Atlantic City), Herman’s Sporting Goods, Inc., NBO Stores, Inc., Pic ‘N Pay Stores, Inc. (Shoe World), Manhattan Bagel Corp., Twin County Grocers, Inc. (the Foodtown co-op), Physicians Computer Network, Inc., USG, Inc., Aremissoft Corp, Greenwich Sentry LP and Greenwich Sentry Partners LP (hedge funds that invested hundreds of millions of dollars in the Bernard L. Madoff Investment Securities LLC Ponzi), as well as 217 Canner Associates, LLC as the liquidating trustee for Greenwich Sentry LP and Greenwich Sentry Partners LP’s bankruptcy estates.
The Firm’s attorneys have more than 20 years’ experience representing creditors, creditors’ committees, bondholders and bondholders’ committees, as well as secured lenders in debtor-in-possession (DIP) financing in high-profile bankruptcy proceedings. Creditors look to the Firm’s attorneys to counsel them through all aspects of the bankruptcy process, from selecting the appropriate legal strategy to formulating and supporting or opposing a plan of reorganization or orderly liquidation. The Firm’s attorneys have represented significant creditors’ interests, including committees of secured and unsecured creditors and DIP lenders, in notable cases such as Public Service of New Hampshire, Continental Airlines, Trump Taj Mahal Associates, Bally’s Grand, Caldor, Inc., Mutual Benefit Overseas, Emerson Radio Corp., Einstein/Noah Bagel Corp., Washington Group, Inc., LJM2 Co-Investment, LP, Neumann Distributors, Foxmeyer Corp., Integrated Health Services, Inc., Harvard Industries, Congoleum Corporation, and New Jersey-based New Century Transportation, Inc. (one of the nation’s largest truckload service providers).
In uncertain economic times, opportunities to acquire part or all of a financially troubled company abound. The Firm possesses all the necessary tools to aid clients in pursuing the acquisition of distressed assets. With its expert corporate and tax groups, as well as an extensive knowledge of bankruptcy and insolvency related law and procedure, the Firm offers clients a full range of support for distressed mergers and acquisitions as well as sales of distressed assets.
Attorneys in the Firm’s Bankruptcy, Restructuring & Insolvency Practice leverage their experience and expertise to advise investors in connection with various distressed debt, claims trading and other special situations investment transactions.
The Firm represents Lehman Brothers Special Financing Inc., in an adversary proceeding against dozens of major financial institutions seeking to recover billions of dollars transferred in connection with credit default swap agreements.