Practice/Industry Group Overview
Dinsmore & Shohl's Business Restructuring and Reorganization Team provides a wide range of services to debtors, equity holders, purchasers of assets, and secured and unsecured creditors including lenders, trade creditors, lien creditors, and creditors' committees.
By focusing on exceptional client service and satisfaction, our attorneys seek to minimize disruption to business operations and seek solutions to the debtor's financial and/or operational concerns in the most time- and cost-efficient manner practicable. Among our wide ranging experiences, we have represented debtors or debtors in possession:
- As general counsel in all aspects of their Chapter 11 proceedings;
- In out-of-court workouts – negotiating the terms of an agreed restructuring while eliminating the need for a costly and time-consuming formal bankruptcy process;
- In pre-arranged bankruptcy proceedings, negotiating with multiple creditor constituents prior to filing for bankruptcy protection in order to minimize the disruption of Chapter 11 proceedings while preserving the going concern value of the business enterprise and maximizing recovery to parties in interest; and
- As special counsel on specific matters unique to the bankruptcy process.
Our attorneys have extensive experience representing various creditor constituents including Fortune 500 clients in regional and national bankruptcy cases, unsecured creditors' committees, secured lenders and other secured creditors, as well as trade and lien creditors. In representing creditors, our attorneys strive to maximize client recoveries through negotiated settlements or use of litigation, as necessary. Among our attorneys' extensive experience in creditor representations, we have provided services for:
- Risk management in advance of formal bankruptcy proceedings – limiting potential exposure in the event a financially distressed company is unable to avoid seeking bankruptcy protection;
- Representation of creditor interests within formal bankruptcy proceedings and out-of-court workouts, focusing on maximizing both short- and long-term recoveries; and
- Representation of defendants in preference and fraudulent conveyance actions.
We have also represented parties interested in acquiring the assets of a distressed company or otherwise participating in the on-going equity ownership.
Our attorneys seek to build consensus and achieve negotiated settlements when possible, seek alternative dispute resolution when practicable, and to aggressively litigate and protect the interest of our clients in court proceedings when necessary. In order to best serve the interests of our clients, we routinely collaborate with members of our firm that have expertise in Litigation, Mergers & Acquisitions, Securities, Taxation, Executive Compensation and Employee Benefits, Labor, Employment, and Intellectual Property and Technology.
Beer Brewing Company
Materials Supplier v. Brewing Company (In receivership)
Assisted client in matter involving right of first refusal and receivership rights
Three Cities Research, Inc.; Three Cities Fund II, L.P.; and Three Cities Offshore II, C.V.
Official Committee of Unsecured Creditors of Genesis Worldwide, Inc., et al. v. Three Cities Research, Inc., et al.
Successfully defended private equity funds and private equity investment advisors against $75 million claim alleging breach of contract, breach of representations and warranties in a stock purchase agreement, fraud, fraudulent conveyance and equitable subordination
Representation of Finn Corporation
Former Officers and Directors of Chapter 11 Debtor
Liquidating Trustee of Chapter 11 Debtor v. Former Officers and Directors of Chapter 11 Debtor
Suit by liquidating trustee representing unsecured creditors of Chapter 11 debtor against former officers and directors for transactions related to retirement benefit plans
Anonymous Plaintiff v. Insurance Company
Multi-million dollar adversary proceeding brought by Chapter 7 Bankruptcy Trustee against client insurance company seeking recovery of alleged preferential transfers
Bankruptcy Emergence, Corporate Restructuring and Financing
$75,000,000 bankruptcy emergence, corporate restructuring and financing for designer, importer and distributor of bicycles and golf equipment
Divesture of Business Units By Chapter 11 Debtor
$25,000,000 in multiple divestitures of business units while in Chapter 11 bankruptcy for designer, importer and distributor of bicycles and golf equipment