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Practice Group Overview
In good and bad times, borrowers default on their financial obligations. For those affected, the need for effective legal representation can be critical. Our dual approach to creditor/debtor rights representation is, above all, practical -- designed to maximize benefits to clients while reducing legal expenses and litigation risks. We recognize that litigation can be risky, expensive, and yet sometimes necessary. We also appreciate the value of avoiding litigation with speedy alternative dispute resolution. So after a thorough review and analysis of your matter, we develop a tough litigation strategy -- while at the same time pursuing a reasonable negotiated settlement.
At Carlton Fields, our creditors' rights, insolvency, reorganization, and workout practices are extensive. We represent commercial lenders, creditors' committees, Chapter 11 and Chapter 7 trustees, court-appointed receivers, equity holders, indenture trustees, bondholders, reorganization plan proponents, and purchasers of assets of bankruptcy estates. We also have represented debtors in possession in several large Chapter 11 cases. We recently developed a program for defending bankruptcy preference claims that has yielded tremendous results and significant savings for our clients.
Our breadth and depth of experience allows us to represent our clients effectively and efficiently in all aspects of creditor/debtor relations.
REPRESENTATIVE MATTERS
Represented Anchor Glass Container Corporation in $500,000,000 restructuring concluded in less than four months. In a unique ruling, the Bankruptcy Court allowed Anchor to pay general prepetition unsecured creditors in the ordinary course pending confirmation.
Represented a bank group owed $325 million in the Chapter 11 case of General Development Corporation, a large real estate developer based in Miami. The banks provided debtor-in-possession financing to the debtor.
Represented a not-for-profit hospital system in a successful Chapter 11 reorganization, where the system was sold to a for-profit chain. Creditors were paid in full, with interest, and the county where the hospitals are located is to receive over $2 million for community use.
Represented unsecured creditors' committees in the Chapter 11 cases of (i) Burt Reynolds, (ii) a dot com company, and (iii) a chain of dental clinics.
Represented a bank group in the Chapter 11 case of Lykes Bros. Steamship Company, resulting in the banks' being paid in full.
Represent secured lenders in bankruptcy cases of related phosphate companies.
Our attorneys frequently write and lecture on bankruptcy and creditors' rights topics, are contributing authors to several learned treatises, and hold leadership positions in bar activities.
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