The lawyers at Dickie, McCamey & Chilcote have been involved in complex bankruptcies, workouts, and creditors’ rights actions on behalf of creditors and debtors for more than 20 years. With such experience, the lawyers in the Group have encountered and successfully resolved the major issues which arise in large commercial and corporate Chapter 11 reorganization cases. Dickie, McCamey & Chilcote has similarly dealt with the issues which arise in Chapter 7 and Chapter 13 cases and in non-bankruptcy creditors’ rights actions.
Representing Creditors in Bankruptcy
In representing secured and unsecured creditors, Dickie, McCamey & Chilcote has handled the initial emergency issues which arise upon the commencement of a bankruptcy case, claims filing and administration, negotiations with the various committees which are formed in bankruptcy cases, executory contracts and leases, and plan of reorganization and disclosure statement formulation, negotiation and enforcement.
In addition to these transactional-type issues, the lawyers in the Group have litigated the types of issues which arise in bankruptcy courts including relief from stay matters, claims disputes, reclamation claims, valuation of secured claims, preferences and fraudulent conveyance, and dischargeability issues.
Debtors in Bankruptcy
Dickie, McCamey & Chilcote lawyers have also assisted companies and individuals on the other side of a bankruptcy dispute, i.e., debtor entities facing short-term financial crises or long-term structural problems which require the commencement of a bankruptcy case. Our lawyers guide bankruptcy debtors through all aspects of their cases, including pre-filing analyses and preparation; the initial often-overwhelming operational details which arise in a reorganization; addressing, negotiating, litigating, and resolving financing issues during and after the bankruptcy case; preparation of bankruptcy Schedules; claims review and resolution; and disclosure statement formulation and confirmation of plans of reorganization. In such circumstances, the other practice groups of Dickie, McCamey & Chilcote also enter the picture and provide counseling and guidance in specialized areas of the law including labor, environmental, real estate, taxation, and the continuing prosecution of litigation (if warranted).
Dickie, McCamey & Chilcote has also represented unsecured creditors’ committees in Chapter 11 reorganization cases. In such representations, Dickie, McCamey & Chilcote has successfully maximized the recovery to unsecured creditors in the Chapter 11 cases, both via active negotiation with the debtors, secured creditors, and other parties in interest in the bankruptcy cases and by aggressive enforcement of its constituents’ (the unsecured creditors’) rights via litigation in bankruptcy courts and other courts.
Asbestos Case Bankruptcies
As bankruptcy cases have grown in number, size, and complexity, Dickie, McCamey & Chilcote attorneys have been actively involved in the distinct specialized area of large, mass tort bankruptcies filed by companies involved in the manufacture, distribution, and installation of asbestos-related products. Armed with our firm’s vast experience in insurance law, our attorneys have counseled and represented some of the largest insurance companies in the world in all aspects of asbestos bankruptcy cases, including the initial disputes over jurisdiction, case administration, claims categorization, analysis, and negotiation of the terms of Section 524 channeling trusts and ultimate confirmation of Chapter 11 plans of reorganization.
Workouts and Non-Bankruptcy Actions
In addition to the negotiations inherent in a formal bankruptcy process, our attorneys have represented companies which are seeking relief from their current financial strictures but do not wish to utilize formal bankruptcy remedies, i.e., non-bankruptcy workouts. Our attorneys also represent both creditors and debtors in state court, non-bankruptcy creditors’ rights proceedings related to pre- and post-judgment recovery of collateral and assets including secured party sales, replevins, reclamations, commercial and residential foreclosures, repossessions, and execution proceedings.