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 forty 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.
For more than three decades, Burr & Forman attorneys concentrating in creditors' rights have been actively involved in major bankruptcy proceedings in the Southeast and beyond. Our work began with an emphasis on representing major secured lenders in Chapter 11 bankruptcies but our practice has evolved far beyond its initial role. Our experience is extensive in the manufacturing, real estate, health care, agriculture, retail, and construction industries. On the creditor side we represent financial services institutions, asset-based lenders, and local, regional, and national banks. We also serve as counsel to REITs, equipment sellers and lessors.
We have extensive experience representing official creditors’ committees, bank debt and ad hoc creditor groups, secured lenders, equity holders, derivative and swap counterparties, and other creditors in out-of-court reorganizations, debt restructurings, enforcement processes, liability management strategies and bankruptcy proceedings.
Typical engagements include:
Representing debtors, committees and major creditors in Chapter 11 cases
Acquiring companies through Chapter 11
Negotiating and litigating the terms of debtor-in-possession financing, use of cash collateral, adequate protection and relief from automatic stay Participating in the Chapter 11 Plan process, including drafting and confirming creditors’ and debtors’ Chapter 11 plans
Prosecuting or defending fraudulent transfer and preference actions as well as equitable subordination actions
Establishing, negotiating and litigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance and other avoidance ctions
Out-of-court debt restructuring and workouts
Dealing with problem real estate loans and commercial leases
Additionally, our Creditor Committee representation is able to advise the committee on all matters pertinent to chapter 11 proceedings, including, among other things: (i) the debtor's ability to sell substantially all of its assets with expedited notice, (ii) a debtor's financing and restructuring strategy, (iii) the validity and/or extent of secured creditors' liens and claims, (iv) valuation and solvency of a debtor and/or its assets, (v) the validity and prosecution of potential bankruptcy and non-bankruptcy related causes of action, and (vi) the most effective and efficient means of maximizing value for unsecured creditors.
Bank Counsel for loan workouts, restructurings and bankruptcy filings with respect to manufacturing facilities.
Foreclosure, deficiency actions and bankruptcy cases in connection with failed real estate developments.
Motion to Dismiss
Obtained order granting motion to dismiss adversary proceeding in alleged violation of automatic stay claim (Bankr. Ct., E.D., Tenn.).