Bankruptcy, Restructuring & Creditor’s Rights
General
Di Santo LLP’s Bankruptcy & Restructuring Group has extensive experience representing creditors and debtors in all aspects of bankruptcy and out-of-court restructurings. Our attorneys take a result-oriented approach to bankruptcy matters based on our comprehensive knowledge of bankruptcy laws and regulations. We take a cross-disciplinary approach utilizing our expertise in litigation and corporate practice areas complimented by sound business acumen. Our attorneys have represented a diverse client base of participants in bankruptcy and restructuring cases, which provides us a unique perspective on industry-specific considerations in the bankruptcy context. We offer our clients a unique blend of business acumen, bankruptcy expertise and litigation experience.
All of our bankruptcy practitioners have previously practiced at nationally prominent firms. Mindful of the cost of legal representation, we seek to aggressively pursue the interests of our clients without generating burdensome and unnecessary fees. The Firm’s extensive bankruptcy experience includes the representation of debtors in possession in attaining secured financing and Chapter 11 reorganization proceedings, representation of creditors with claims against debtors, representation of court appointed committees, dischargeability actions, and the frequent defense of preference and fraudulent conveyance claims. We have tried numerous cases to juries, judges and arbitrators.
- Counsel to creditors’ committees in Chapter 11 cases
- Acquiring assets from bankrupt or distressed entities
- Defense of preference and fraudulent transfer actions
- Advice on executory contracts, leases, intellectual property licenses and other transactions involving insolvency issues
- Litigation involving involuntary bankruptcy petitions
- Preparing and litigating proofs of claim
- Workouts and Debt Restructuring
Credit Enhancements and Decisions
- Obtaining guaranties
- Negotiating and reviewing letters of credit
- Taking purchase money and other security interests
- Advice on minimizing bankruptcy preference and fraudulent conveyance risks
- Creditors’ Rights
- Representation of debtors in all phases of Chapter 11 proceedings, including financing and cash collateral hearings, severance and retention hearings, asset disposition hearings, exclusivity contests, disclosure statement and confirmation proceedings, claim disputes and avoidance actions
- Counseling and litigation for distressed companies in connection with reorganization and restructurings outside of bankruptcy court
- Counseling on financial arrangements before, during and after bankruptcy
- Representation of debtors in non-bankruptcy liquidations, including assignments for the benefit of creditors and dissolutions governed by state corporate statutes
- Creditor Representation
- Pursuing commercial collections
- Recovering collateral for secured creditors
- Obtaining temporary protective orders or attachments
- Obtaining receiverships
- Enforcement of judgments
- Default and acceleration issues
- Forbearance issues
- Collateral enhancement
- Intercreditor and subordination issues
- Credit Finance
We view the declaration of bankruptcy as a last resort. In this regard, we advise clients regarding their options and alternatives to filing for bankruptcy, as well as strategies to prepare for the bankruptcy filing.