Bankruptcy & Commercial Transactions

We provide creative solutions for businesses in financial distress and for creditors.

The attorneys in our bankruptcy and commercial transactions practice group serve debtor business entities and their principal creditors and investors by providing legal services in troubled company, workout, litigation, receivership, bankruptcy and financial restructuring situations. Our group also represents lenders in secured lending and lease transactions. We work with attorneys from other departments within the Firm, practicing in areas such as tax, commercial lending, corporate, litigation, labor, and real estate, bringing an inter-disciplinary approach to bankruptcy and commercial problems. A number of our attorneys also litigate commercial and bankruptcy matters in state and federal courts. We represent debtors, creditors, committees, trustees, acquirers, examiners, indenture trustees and other parties-in-interest in bankruptcy, other liquidation proceedings, and litigation. We also represent receivers and private parties in judicial or non-judicial debt restructurings, acquisitions, banks, private equity financings and other related matters.

Specific areas of practice include:

Chapter 11 Reorganization Cases

We have a great deal of experience in Chapter 11 reorganization cases and has substantial experience in the representation of all constituencies in bankruptcy and other insolvency proceedings. The Firm has represented major parties in complex Chapter 11 cases which are completed or substantially consummated including the following:

Acting as lead debtor's counsel in reorganization cases on behalf of:

  • Irwin Mortgage Corporation (national mortgage lender and servicer which operated 169 production and satellite offices in 33 states)
  • Steeplechase Village (single asset apartment complex)
  • Baja Boats, Inc. (manufacturer of performance power boats)
  • Colfor Manufacturing, Inc. (manufacturer and seller of forged parts used in the automotive industry)
  • Genesis Worldwide, Inc. (publicly held manufacturer of steel handling equipment with 7 manufacturing facilities)
  • Nationwise Automotive, Inc. (national retailer of automotive parts)
  • Roberds, Inc. (publicly held national retailer of furniture, electronics, and appliances with 24 locations)
  • Whitnam Oil & Gas Co., Inc. (publicly held oil and gas exploration and production)
  • Tynes Chevrolet Cadillac (automobile dealership)
  • National Liquidators, Inc. (multi-state ponzi scheme) (counsel to Chapter 11 Trustee)

Acting as creditors' committee counsel in:

  • Cook United, Inc. (national discount retailer), Chapter 11 counsel to the Official Debentureholders' Committee
  • Horizon PCS (telecommunications), Chapter 11 counsel to the Official Committee of Unsecured Creditors
  • National Petroleum Corporation (oil and gas exploration pipeline, and production), counsel to the Official Committee of Unsecured Creditors
  • Southern Air Transport, Inc. (air transportation of cargo), Chapter 11 counsel to the Official Committee of Unsecured Creditors
  • Ormet Corporation (primary aluminum manufacturing), Chapter 11 co-counsel to the Official Committee of Unsecured Creditors
  • SPECO Corporation (manufacturer of parts for defense industry), Chapter 11 counsel for Official Creditors' Committee
  • Wendy's Food Systems, Inc., Chapter 11 counsel to the Official Committee of Unsecured Creditors

Acting as counsel to other major creditors in other major Chapter 11 and Chapter 7 cases:

  • Triad Resources, Inc. (counsel to secured lender in oil and gas bankruptcy)
  • Caesars Entertainment Operating Company, Inc. (counsel to issuer of co-branded credit card for rewards program)
  • Ameristop Food Marts (counsel to agent bank in loans secured by all assets of gas stations/convenience store)
  • Bush Leasing (lessor of vehicles to major trucking companies), counsel to major finance company with $50 million in leases to debtor
  • Cardinal Industries, Inc. (manufacturer, builder, and owner of apartment complexes, motels) represented lenders, real estate, furnishing, and operating secured lenders.
  • Federated Stores, Inc. (national department stores), counsel to various creditors, D&O carriers and governmental entities.
  • Flxible Corporation (manufacturer of buses), special litigation counsel to chapter 7 trustee in litigation involving fraudulent conveyances and officer and director liability)
  • Continental Airlines, Inc. (chapter 11 counsel to indenture trustee)
  • Braniff International (chapter 11 counsel to airport authority)
  • America West (chapter 11 counsel to airport authority)
  • Motorwerks, Inc. (vehicle leasing company) (counsel to credit union which financed large portfolio of leased vehicles)
  • Western Exploration (oil and gas exploration and production company), represented numerous owners of production interests in litigation with chapter 11 trustee

Creditor Work

We represent commercial and investment banks, vendors, lessors, private equity agent banks, administrative agents for bank groups and other financial institutions in their management of troubled credit, restructuring of lending relationships and lender liability defense in and out of bankruptcy court.

Bankruptcy Related Litigation

We regularly represent clients in appellate and trial matters in federal and state courts. Our firm has vast experience in prosecuting and defending fraudulent transfer and preference actions, and all other litigation arising in the debtor/creditor or bankruptcy contexts.

Commercial Transactions

We advise on all aspects of Commercial Transactions, the Uniform Commercial Code and Secured Transactions. Our Commercial Transactions attorneys provide advice with respect to structuring secured transactions, reviewing and analyzing the property used as collateral in such transactions, and drafting transactional documents. In recognition of the importance of legal opinions in this area, our attorneys regularly prepare and negotiate legal opinions concerning the effect of bankruptcy on financial transactions and perfection of security interests. Our attorneys have experience in all types of personal property financing.

“It's about expertise, first and foremost. Clients want to have confidence in your technical skill set. Once that fact has been established, they want to know if we are people they want to work with. The work we do has such a personal nature, both parties have to have a good feeling about working together.”
James G. Ryan, Member