Duane Morris LLP

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Business Bankruptcy

Duane Morris' bankruptcy lawyers focus primarily on complex commercial chapter 11 cases. Clients from all industries turn to the firm for bankruptcy advice, drawing on experience gained during the firm's involvement in many of the most significant bankruptcy cases of the past three decades, from Penn Central to Braniff, Adelphia and Enron. Business publication The Deal consistently ranks Duane Morris as one of the most active bankruptcy practices in the United States. This experience translates into the ability, from the outset of an engagement, to know which questions to ask, which details matter, and how to efficiently distill facts into a plan to protect our clients' rights.

Representative listing of bankruptcy case representations

Several of our bankruptcy lawyers have either founded or are the current or past leaders of organizations throughout the nation dedicated to the development of the law and the vitality of local bar associations, and they practice before the United States Bankruptcy Courts. Many of our former partners have secured appointments to the federal judiciary, including three as United States Bankruptcy Court judges, and another as a circuit court judge for the United States Court of Appeals.

Debtors' and Trustees' Counsel
As counsel to debtors-in-possession and trustees, our lawyers handle all aspects of commercial bankruptcy cases, from the pre-petition planning, to the initial flurry of first-day filings, the arrangement of debtor-in-possession and exit financing, asset sales and, finally, the development and consummation of a plan of reorganization.

Our clients usually carry on their day-to-day operations while they reorganize. Thus, our lawyers are adept at managing everyday dealings with lenders, trade creditors, lessors, utility companies, employees, the U.S. Trustee and creditors' and equity committees. To help further ensure the continued smooth operation of their businesses, clients often call upon lawyers from Duane Morris' corporate, real estate, tax, insurance, intellectual property, ERISA and environmental practice groups.

Representative listing of Debtor/Trustee representations

Creditors' and Equity Holders' Counsel
Claimants and interest holders of all types, including official committees of unsecured creditors or equity holders, lenders, private investment companies, lessors, licensors and other individual creditors or equity holders rely on the firm to advance their interests. Throughout the bankruptcy process, clients receive a constant flow of information, giving them the knowledge necessary to make decisions. Indeed, Duane Morris lawyers established the much imitated "weekly lending group report" in an early case, giving all participants in the group, regardless of the size of their positions, complete information about the status and developments in the case.

Representative listing of Committee representations

Debtor-in-Possession Financing
Whether representing debtors or lenders, our lawyers are skilled at effectively negotiating, documenting and obtaining court approval of the financing agreements necessary to maintain the debtor's operations during a chapter 11 case or to consummate a plan of reorganization and exit chapter 11.

Section 363 Asset Sales
Investment companies and other operating businesses often seek to acquire the assets of a bankrupt company. The firm regularly advises clients interested in purchasing or investing in distressed and insolvent businesses on the risks and potential rewards involved. In addition to assisting with due diligence, negotiations and the preparation of the transaction documentation, we guide these clients through the bankruptcy court bidding and sale process.

Plans of Reorganization
Duane Morris lawyers have extensive experience in formulating restructuring or liquidation plans through negotiation, related transaction documentation and, if necessary, litigation. In addition, over the years, our lawyers have developed the particularized skills necessary to successfully confirm "pre-packaged" or "fast-track" plans. In fact, in 1986, Duane Morris lawyers achieved one of the first chapter 11 expedited plan confirmations for a publicly held company, taking National Railway Utilization Corporation through chapter 11 in Columbia, South Carolina, in 45 days from petition filing through plan consummation, even though creditors and shareholders had not approved the plan at the time the petition was filed.

Litigation
Because the restructuring process is inherently contentious, with diverse constituencies competing over limited assets or distributions, clients benefit from the firm's substantial litigation experience before the United States Bankruptcy Courts. Whether prosecuting or defending claims, we advise each client on the risks and likelihood of success with each course of action and then team with each client to determine the best litigation strategy.

Cross-Border and Chapter 15 Cases
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 added a new chapter (chapter 15) to the United States Bankruptcy Code specifically dealing with cross-border insolvency cases. Chapter 15 incorporates UNCITRAL's Model Law on Cross-Border Insolvency and is designed to address cases where an insolvent debtor has assets or creditors in more than one country. Our lawyers currently represent a number of parties-in-interest with respect to ancillary or cross-border cases filed under chapter 15 of the Bankruptcy Code.

Bankruptcy Case Representations
Bankruptcy Case Matters (Non-Debtor/Trustee/Committee)
A.S.K. Plastics Inc.
Adelphia Comm. Corp.
Allied Holdings, Inc.
Allserve Systems Corp.
American Home Mortgage
American Safety Razor
Ames Department Stores
Appleseed's Intermed. Holdings LLC
AstroPower
Auto Tech Leasing LLC
Birmingham Steel Corp.
Carmike Cinemas, Inc.
Centaur, LLC
Chevy's, Inc.
Converse, Inc.
Delaco Company
Dallas Stars, L.P.
Delphi Corp.
Delta Air Lines, Inc.
EBW Laser, Inc.
Enron Corp.
EOS Airlines, Inc.
Federal-Mogul Global, Inc.
Field Hotel Assoc., L.P.
Foamex Intl., Inc.
Freedom Communications Holdings
Friendly Ice Cream Corp.Front Line Capital Grp. Inc.
Fruit of the Loom, Inc.
GT Brands Holdings, LLC
Harry & David Holdings Inc.
Hatteras Reinsurance Ltd.
Heilig-Meyers Co.
Integrated Disability Res., Inc.
Integrated Systems and Power, Inc.
Interstate Bakeries Corp.
JRA 222 Inc.
Kuecker Equipment Co., Ltd.
Loewen Grp Intl, Inc.
Los Angeles Dodgers LLC
Lotz Designers
Medex Regional Lab., LLC
Merchant Land Fund I LLC
Mondo Inc.
MRY Corp.
MUMA Services Inc.
Napster, Inc.
Nellson Nutraceutical, Inc.
Neodyme Technologies Corp.
Newpage Corp.
New Better Food Distrib., Inc.
New Weathervane Ret. Corp.
Nobex Corp.
North Amer. Bushman, Inc.North Amer. Refractories Co.
Oakwood Living Centers
Palomar Mtn. Spr. Water Co.
Pocono Springs Motor Lodge
Protarga, Inc.
Railwords Corp.
Randall's Island Family Golf Centers
Refco, Inc., et al.
Reliance Grp. Holdings Inc.
Rockefeller Center Properties
ROL Manufacturing
Solutia Inc.
Souders Mini Mrkt, Inc.
St. Vincents Cath. Med. Cntr.
Steele, Jamila H.
Stone & Webster, Inc.
THCR/LP Corp.
Transworld Airlines, Inc.
Tribune Company
Troll Comm., LLC
US Airways
Vincent J. Smith, et al.
Washington Mutual, Inc.
Winn Dixie Stores, Inc.
Winstar Comm., Inc.
Zale Jewelers
Debtor/Trustee Representations
Atlantic Gulf Comm., Inc.
Archway Cookies
Borden Chemicals
Bricolage Capital, LLC
CareMatrix Corp.
Caribbean Petroleum LP
Chemtura Corp.
Digital Broadband Comm, Inc.
Durango Georgia Paper Co.
Fitness Innov. & Tech., Inc.
Highlands Ins. Grp., Inc.Home Life Medical, Inc.
Kiwi Intl Airlines
Kuala Healthcare, Inc.
Lids Corp.
Martha's Vineyard Hosp.
Med Diversified, Inc.
Oakwood Living Cntrs
Olympus Healthcare Grp, Inc.
Rehrig International Inc.
Rockaway Bedding Inc.
Sarah Neuman Nursing HomeSleep Innovations, Inc.
Spansion Inc.
The Langston Corp.
Tower Air, Ltd.
United Petroleum Grp, Inc.
Universal Access
Video Update, Inc.
Vitts Networks, Inc.
Wash Depot Holdings, Inc.
Zeta Consumer Prod, Inc.
Committee Representations
Aviation Compos. Svcs, Inc.
Budget Grp., Inc.
Cedar Funding, Inc.
Custom Food Products
Deliland Foods Corp.
Edwards Paper Co.
Enamelon, Inc.
Flooring America
Fluid Routing Intermed. Hold., Inc.
GEO Specialty Chem., Inc.Grand Court Lifestyles
Harvard Industries, Inc.
Jackson Hewitt Tax Service Inc.
Jersey City Medical Cntr.
McCabe
Neuromedical Systems, Inc.
Orleans Home Builders, Inc.
Phoenix Steel Corp.
Pittsburgh Penguins
Sonic Blue, Inc.Solomon Dwek
Sudbury, Inc.
The Oxford Finance Co., Inc.
Trico Steel Company, LLC
United Companies Fin. Corp.
United Merchants & Manufactrs.
USG Corp.
VF Brands, Inc.
W.R. Grace & Co.

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Peer Reviews

4.9/5.0 (548 reviews)
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0
  • 5.0/5.0 Review for Cyndie Chang by a Managing Partner on 10/05/15 in Civil Litigation

    Cyndie Chang is an outstanding individual and attorney who adheres to the highest ethical standards. She is reliable, trustworthy and a bar leader.

  • 5.0/5.0 Review for William Marchant by a Founder on 10/28/25 in Commercial Litigation

Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Diversity

"In my discussions with Duane Morris leaders, they frequently speak about how diversity within their firm has enabled them to better serve their diverse clients. They understand that investing in diversity is a wise business decision that positions them for the marketplace of the future."

Don Liu
Senior VP, General Counsel & Corporate Secretary
Xerox Corporation

At Duane Morris, achieving diversity is paradoxical. By supporting and celebrating the differences of our attorneys - and the individual strengths that they bring - our firm culture expands, fostering creative solutions for our clients. But diversity at Duane Morris does not mean that we have a certain number of diverse attorneys; true diversity means that it is no longer noteworthy to see diverse lawyers leading our practice groups or managing client relationships. Ascending to positions of leadership and greater responsibility and providing the highest levels of client service is simply what is expected of all our lawyers. Diversity is another strong asset that adds to our collective abilities to meet the needs of our clients.

Our vision of diversity at Duane Morris is to realize an environment in which our lawyers' outstanding qualities are not just measured by ethnicity, race, gender and sexual orientation, but more importantly, that our lawyers are remarkable as excellent attorneys above all else. Only then can we celebrate our differences while focusing on the common pursuit of legal excellence which everyone shares at Duane Morris.

To reach this goal, Duane Morris understands that the familiar diversity strategies and policies that most law firms have are needed. Without demanding results from such policies, most law firms are bound to fail in even achieving numerical hiring and retention goals. Duane Morris has been proactive and ambitious in its efforts to improve diversity at the firm, and has set deadlines for reaching the milestones which mark our progress. To create a more diverse law firm, Duane Morris is:

  • Committed to strategically increasing our diversity levels, which is currently at 10 percent.
  • Bringing together our Diversity Committee and our Hiring and Retention Committee to raise diversity as an important factor in our hiring decisions.
  • Dedicated to improving retention by building upon our monitoring and mentoring program for all diverse associates.

Combining new initiatives with our longstanding diversity efforts, Duane Morris has seen increasingly positive results. In the Minority Law Journal's annual diversity survey of the nation's largest 260 firms, Duane Morris continued to improve its regional and national ranking, rising to number 136 of all firms surveyed. Our strides in Philadelphia are encouraging; in a city known for both the racial diversity of its population and the lack thereof in its law firms, Duane Morris is one of only two law firms to exceed the national average of minority partners at all law firms. Additionally, Duane Morris leads all national law firms based in Philadelphia in the number of Latino partners. Nearly 30 percent of all of our attorneys are women, and more than 20 percent of our partners are women.

In our approach to diversity, progress in racial, gender and cultural diversity cannot be measured in numbers alone. Duane Morris has focused our diversity initiatives on both increasing the number of diverse associates and addressing the challenges diverse attorneys face in building lasting careers and rising to senior and leadership positions. While several of our key practice groups are led by diverse partners and female partners, Duane Morris endeavors to create a culture which will foster a deep pool of such attorneys who can then develop into the firm's future leaders. Duane Morris understands that simply hiring diverse associates will not change the diversity of the firm; Duane Morris is working to mentor and retain diverse associates so that our progress in racial, gender and cultural diversity is also reflected at the highest levels of leadership within the firm.

Our progress on gender diversity has been profound. We have no glass ceilings: women hold positions of leadership at all levels of management at the firm. Women lead a number of our key practice groups, including our Energy, Immigration and International practices, and serve on the firm's Executive Committee. The success of our female attorneys at Duane Morris has not gone unnoticed. Barbara Adams was chair of the firm's Finance Practice until her appointment by Pennsylvania Governor Edward Rendell to serve as General Counsel of the Commonwealth. In 2004, our longtime General Counsel, Gene E.K. Pratter, was approved by the United States Senate and is now a judge for the U.S. District Court for the Eastern District of Pennsylvania.

Our efforts to improve diversity extend beyond our firm's walls. The chair of our Diversity Committee, Nolan N. Atkinson, Jr., recognized the lack of diversity in Philadelphia's legal community and formed the Philadelphia Diversity Law Group. Nolan now serves as the chair of the organization, a consortium of 25 law firms and corporations that commits to employing at least one diverse first-year law student each as a summer associate. From this program, law students of diverse backgrounds gain access to what was once an exclusive legal community, and now have the opportunity to learn and develop their legal careers with experience at Philadelphia's top law firms.

In addition to our involvement in the Philadelphia area, Duane Morris has increased our presence at national conferences and events focused on diversity. We sponsor the Hispanic National Bar Association and its job fair. Duane Morris is also a longtime supporter and sponsor of the Equality Forum, a national gay and lesbian rights organization. Duane Morris continues to sponsor the Minority Corporate Counsel Association, and is active in other associations of diverse attorneys including: the Asian American Bar Association of the Delaware Valley; the Charles Houston Bar Association; Cuban Bar Association; Korean American Lawyers Association; National American Indian Housing Counsel and the National Bar Association.

The challenge of improving gender, ethnic and cultural diversity at Duane Morris is an ongoing effort that has the support of the entire firm. Duane Morris has been at the vanguard in supporting gender diversity throughout the firm beginning a generation ago. Our diversity programs are leading to similar success in improving racial and national origin diversity at Duane Morris. But even as we share these examples of Duane Morris attorneys and our involvement in numerous legal events, associations and programs for diversity, our hope is that such examples will no longer be necessary to mention in the future. We hope that through our efforts, and the efforts of other law firms, these stories become so common that they are no longer the remarkable accomplishments they are today, but simply routine aspects of the legal world tomorrow.

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