Department
Bankruptcy and Financial Restructuring
The attorneys in Montgomery McCracken’s Bankruptcy and Financial Restructuring Department assist clients in all aspects of restructuring, including bankruptcies, out-of-court restructurings, reorganizations, liquidations, workouts, debt refinancings, adversary proceedings, and contested matters. We represent creditors, debtors, creditor committees, equity committees, secured creditors, liquidation/litigation trustees, DIP lenders, factors, landlords, property managers, investors, and asset purchasers.
Since the 1960s, Montgomery McCracken attorneys have been recognized as leaders in bankruptcy and restructuring. Today, the practice includes attorneys who are and have been involved in some of the most complex and well-known bankruptcy cases. The Bankruptcy and Financial Restructuring Department has extensive experience in both transactional and litigation facets of bankruptcy practice, ranging from negotiating an asset purchase to prosecuting, defending, and mediating claim objections, avoidance actions, and bankruptcy litigation of all types. Our bankruptcy attorneys regularly appear in bankruptcy cases in Delaware, New Jersey, New York, and Pennsylvania, and they assist with cases in other bankruptcy courts nationwide.
Our experience includes:
- Advising companies on the pros and cons of filing for bankruptcy and what steps they should take to prepare for a potential filing.
- Guiding creditors, both foreign and domestic, as to the impact a U.S. bankruptcy filing may have on their interests and what steps they can take to maximize their recoveries and minimize their exposure both before and after a bankruptcy filing.
- Representing Debtors and Bankruptcy Trustees, either as general counsel or as special counsel, with respect to specific controversies, issues, or transactions.
- Representing Official Committees of Unsecured Creditors to ensure that general unsecured creditors are treated fairly and receive the most favorable treatment permitted.
- Representing other committees, including equity committees, to ensure that the parties within that group are treated fairly and receive the most favorable treatment.
- Negotiating in and out-of-court workouts for financially troubled businesses.
- Prosecuting litigation claims on behalf of a debtor, creditor committee or trustee, including receivable claims and avoidance actions.
- Advising and representing debtors and secured creditors with respect to asset disposition, including liquidations.
- Mediating bankruptcy disputes as well as representing clients in bankruptcy mediations.
- Defending clients in avoidance actions where a debtor, committee, or trustee alleges that preferential or fraudulent transfers were made prior to the bankruptcy filing.
- Representing entities interested in buying some or all of the assets of a bankrupt company.
- Representing state court plaintiffs in seeking stay relief to permit state court litigation to continue and access insurance proceeds.
specialized talents
The Bankruptcy & Financial Restructuring Department regularly enlists the specialized talents of other firm departments and practices including Litigation, Tax, Insurance Recovery, Corporate and Securities, Real Estate, and Labor and Employment.
related
Bankruptcy and Financial Restructuring Leadership
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