Practice Areas & Industries: Hinckley, Allen & Snyder LLP

 




Bankruptcy, Creditors' Rights & Workout Return to Practice Areas & Industries

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Practice/Industry Group Overview

Our Bankruptcy, Creditors’ Rights and Workout Group helps clients craft a strategy to effectively deal with troubled companies. Our attorneys have the deep expertise and insight necessary to help you smoothly navigate often-complex insolvency proceedings - whether they are in bankruptcy court, state law receivership proceedings or out-of-court restructurings. Clients include borrowers, lenders and creditors (secured and unsecured). We offer a full spectrum of services related to bankruptcy and creditors’ rights, including:

Bankruptcy Issues
Our attorneys offer skilled representation to:

–  borrowers and lenders who need to restructure credit facilities

–  trade creditors who are seeking protection of their rights both in and out of bankruptcy court

–  buyers who are purchasing assets at bankruptcy court sales or secured party sales

–  secured creditors who are seeking enforcement of their rights under their security documents

–  landlords in addressing rejection of, or assumption and assignment of, leases in bankruptcy court

–  creditors in the defense of preference actions

–  construction companies in navigating the intersection of bankruptcy, surety law and construction-specific issues

Insolvency
Our attorneys handle sophisticated corporate restructuring and insolvency proceedings. We advocate on behalf of creditors and lenders (both secured and unsecured) as well as landlords, developers, contractors and trade creditors. Our attorneys also represent companies acquiring assets in bankruptcy sales.

Creditors’ Rights
Our work often goes beyond the bankruptcy court. For example:

–  We represent both borrowers and lenders in out-of-court restructurings. This often involves negotiating intricate workout transactions.

–  We frequently assist clients in structuring complex transactions to securitize loans for “bankruptcy remote” purposes.

–  We structure settlements to ensure the maximum protection for our clients.

Who We Serve
Our clients include borrowers, lenders and creditors (secured and unsecured), and public and private companies. Although we serve a wide variety of corporate clients, we have developed particularly deep expertise in the following areas:

–  Construction – We have represented numerous construction companies in the bankruptcy of general contractors, subcontractors and suppliers, addressing issues including project close-out, mechanics’ liens, settlement of claims and joint venture issues.

–  Real Estate – We serve as counsel to landlords, tenants and developers to address the assumption, assignment or rejection of leases, legal issues involving ground leases in bankruptcy, and the purchase of assets from bankruptcy.

–  Fortune 500 Manufacturers – We have represented Fortune 500 manufacturers in many of the nation’s largest retail bankruptcies.