Practice Areas & Industries: Burr & Forman LLP


Distressed Mergers & Acquisitions Return to Practice Areas & Industries

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Practice/Industry Group Overview

Burr & Forman's commitment to the changing needs of lenders and creditors is evidenced by its substantial Creditors' Rights and Bankruptcy practice.

The size of our group -- over fifty attorneys concentrating in this area of law -- makes us one of the largest bankruptcy practice groups in the region which allows individual attorneys to focus on narrow specialties. The group was recently ranked by Law360 as the thirty-sixth largest creditors' rights and bankruptcy team in the United States. Based on this ranking, Burr's team is the largest in the Southeast. In 2012, 10 of our Creditors' Rights and Bankruptcy attorneys were listed as a leading practitioner in Bankruptcy/Restructuring by the highly regarded Chambers USA. 

We have extensive experience in handling distressed M&A, whether in an out-of-court transaction, a state court receivership, section 363 sale under the Bankruptcy Code, under a plan of reorganization, or in a prepackaged or other enforcement transaction.  We work with a distressed company’s management and financial advisors to craft the optimal business-focused solution.  Increasingly, we also represent manufacturers who are customers of insolvent entities where the manufacturer must have immediately that unique part made by its sole source, financially distressed supplier, which is supposed to deliver the part on a just in time basis.  We are able to leverage our firm’s strength in banking to provide financial institutions with counsel in connection with DIP financings and exit financings related to distressed M&A.

We often represent stalking horse buyers and other bidders in bankruptcy 363 sales. The purchase and sale of assets and businesses has developed into a significant component of commercial bankruptcy and insolvency practice. Sellers in distress situations many times utilize a bankruptcy court sale as the best way to conduct an orderly sale process and achieve the best value for their creditors and stakeholders. Similarly, the Purchasers of distressed assets appreciate the value and protections afforded in bankruptcy court blessed asset sale.


Disposition of Assets
Represented Bill Heard Enterprises in the disposition of 8 automotive dealerships and the winding down of 12 other dealerships during the first quarter of 2009. Dealerships were located in Tennessee, Nevada, Florida, Georgia, Texas and Alabama. Transactions were negotiated and closed as part of the Chapter 11 reorganization of Bill Heard Enterprises and its subsidiaries conducted in the United States Bankruptcy Court for the Northern District of Alabama. The firm handled the bankruptcy proceeding and dealt with complex franchise and financing issues in conveying the assets to eventual purchasers. Sales procedures included controlled auction sales of several of the businesses.

Environmental Permits
Negotiated environmental permits under various environmental statutes.

Environmental Permits
Assisted with environmental permitting of Developments of Regional Impact.

Environmental Related Agreements
Negotiated landfill gas sale and transportation agreements.

Environmental Related Agreements
Facilitated methane gas-to-energy transaction between municipal landfill and industrial facility.