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, liquidators, factors, landlords, property managers, investors, and asset purchasers.
Since the 1960s, Montgomery McCracken attorneys have been recognized leaders in bankruptcy and restructuring. Today, the practice includes attorneys who 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 sale or an agency agreement, to prosecuting, defending and mediating claim objections and avoidance actions. While our group regularly appears in cases in Delaware, New Jersey, New York, and Pennsylvania, they are able to assist with matters before any bankruptcy court in the country.
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 Official Committees of Unsecured Creditors to ensure that general unsecured creditors are treated fairly and receive the most favorable treatment permitted.
- 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.
- Counseling foreign representatives in a Chapter 15 bankruptcy seeking to recognize a foreign bankruptcy and receive the protections and benefits of the U.S. Bankruptcy Code.
- 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/trustee seeks the return of transfers 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.
The Bankruptcy and Financial Restructuring Department regularly enlists the specialized talents of other firm departments and practices including Litigation, Tax, Intellectual Property, Insurance Recovery, Corporate and Securities, Real Estate, and Labor and Employment.
Montgomery McCracken has been recognized for its involvement in various successful Chapter 11 cases:
Tuesday Morning Corp.
- 2021 Large Company Turnaround/Transaction of the Year Award, Turnaround Management Association, October 2021
- Turnaround of the Year (Under $100MM) Award, The M&A Advisor’s 15th Annual Turnaround Awards, September 2021
- Corporate Turnaround of the Year, Global M&A Network’s Turnaround Atlas Awards, June 2021
O.W. Bunker Holding North America Inc., O.W. Bunker North America Inc. and O.W. Bunker USA Inc.
- International Restructuring Deal of the Year, The M&A Advisor’s 9th Annual International M&A Advisor Awards, June 2017
- Restructuring Deal of the Year (Over $100MM), The M&A Advisor’s 15th Annual M&A Advisor Awards, November 2016
- Restructuring Deal of the Year (Over $500MM to $1B) and Energy Deal of the Year (Over $500MM to $1B), The M&A Advisor’s 11th Annual Turnaround Awards, March 2017
Our attorneys have an established reputation for forceful and effective representation with an impressive track record of success. When you hire Montgomery McCracken, you will receive personalized and comprehensive attention and advice, bringing to bear the resources of other specialties as may be required, with a singular commitment to your needs and objectives.
- Official and Unofficial Creditor Committees
- Creditors (secured and unsecured) including trade vendors, landlords and factors
- Liquidating/Litigation Trustees
- Asset Purchasers
- Foreign Representatives
- Defendants in adversary proceedings
- Owners/corporate parents/affiliates of debtors
- Equity Holders
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