Restructuring, Bankruptcy & Creditors’ Rights
Attorneys in Barclay Damon’s Restructuring, Bankruptcy & Creditors’ Rights Practice Area represent local, regional, national, and international clients as debtors and creditors with respect to simple and complex credit facilities. We provide representation in out-of-court restructurings, in proceedings pending in bankruptcy courts, and in state and federal court actions. Our clients come from all sectors and include individual and commercial debtors, trade creditors, banks, non-bank lenders, finance lessors, real property lessors and lessees, franchisors, loan servicers, municipalities, utilities, developers, manufacturers, distributors, retailers, and service providers.
Our experience includes:
- Representing senior secured lenders in bankruptcy matters, including as debtor-in-possession (DIP) lenders.
- Negotiating sales transactions for both buyers and sellers pre- and post-bankruptcy.
- Representing commercial developers in the bankruptcy proceedings of national retail tenants.
- Engaging in restructuring negotiations on behalf of lenders and borrowers in an effort to avoid bankruptcy proceedings.
- Pursuing enforcement actions against borrowers, guarantors, and their assets in state and federal court.
- Representing creditors in all aspects of bankruptcy proceedings, including filing proofs of claim; asserting Perishable Agricultural Commodities Act (PACA), reclamation, and 503(b)(9) claims; seeking relief from the automatic stay; enforcing rights in cash collateral; defending clients in preference and fraudulent transfer litigation; and protecting clients’ interests in contested confirmation hearings.
- Representing debtors in all aspects of complex Chapter 11 proceedings.
- Representing unsecured creditors’ committees.
- Acting as Chapter 11 trustee.
- Acting as conflicts or special counsel for Chapter 11 debtors.
While our first approach is to reach a negotiated resolution, when a resolution cannot be achieved, we will litigate the matter. Our approach is to provide clients with cost-effective solutions by leveraging resources available in the firm and maximizing the firm’s multi-office platform, ensuring local representation in any court within our geographical footprint. We have a deep bench, and our team draws as needed on lawyers in the firm’s related practice areas for their capabilities in business services, real estate, environmental law, trusts and estates, intellectual property, labor and employment, tax, and other areas.
Our attorneys are active members of local and national bar associations and trade organizations, have received numerous professional recognitions and awards, and are recognized as leaders in their fields.