Rutan & Tucker, LLP

Rutan & Tucker’s Corporate Restructuring and Creditors’ Rights Group is comprised of attorneys with extensive specialized knowledge and expertise in (1) workouts, restructurings, and bankruptcy cases from middle market businesses to large multinational corporations and (2) loan enforcement and other commercial litigation on behalf of financial institutions. The Group regularly handles out-of-court debt restructuring, complex loan workouts, distressed acquisitions, assignments for the benefit of creditors, receiverships and foreclosures, bringing together integrated and deep resources from all of our firm’s departments.

Our Group’s experience and capabilities in the various aspects of a corporate restructuring practice include (in addition to representing financial institutions and other secured creditors):

• Representing distressed companies (including “single asset real estate” entities) and high net worth individuals in need of financial restructuring, both in and out of bankruptcy 
   
• Representing trustees and committees in Chapter 11 cases 
   
• Developing strategies for distressed investors to obtain control of troubled companies 
   
• Structuring rescue, debtor-in-possession and exit financings 
   
• Preparing pre-packaged and pre-arranged plans of reorganization 
   
• Assisting in acquisition of assets (including intellectual property) and distressed M&A transactions, in and out of formal insolvency proceedings 
   
• Formulating, negotiating, drafting and objecting to Chapter 11 plans of reorganization

The Group’s commercial litigators represent a broad base of financial institutions and other clients in all state and federal courts (including bankruptcy court), as well as in arbitration forums. Specifically, the litigators represent Rutan’s clients in:

• Enforcing secured and unsecured loan obligations (including obtaining attachments, injunctions, restraining orders, receiverships, and other pre-judgment remedies as necessary) 
   
• Handling real property and UCC foreclosures 
   
• Defending clients against lender liability, sham guaranty, unfair business practices, and similar claims 
   
• Enforcing and collecting judgments 
   
• Handling all types of bankruptcy litigation, including prosecuting and defending against lender liability actions, fraudulent conveyance claims, preference claims, objections to claims (including reclamation claims), objections to discharge and non-dischargeability actions, and challenges to acquisitions, appointments of trustees and examiners and dismissal of Chapter 11 cases, and motions for relief from the automatic stay 
   
• Representing officers and directors of financially troubled companies 
   
• Representing landlords and property owners in restructurings and bankruptcy cases

Rutan & Tucker recruits, retains and promotes talented professionals from a variety of backgrounds and skill sets, resulting in a culture that thrives on a variety of perspectives. Diversity is a valued and important part of our culture and our community. Our work environment is characterized by respect for others, encouragement for all to excel and equal opportunity for everyone.

Recognizing the significant benefits and value of a diverse work force, Rutan & Tucker is committed to increasing the diversity of our law firm in a manner that promotes the firm's core values of excellence, teamwork, and integrity. As the largest full-service law firm based in Orange County, California, Rutan has played an active role in the County's maturation into a world-class metropolitan area that reflects the richness of California's cultural diversity. We strive to achieve that same result within our law firm, acknowledging that diversity benefits our firm, our clients, and our community.

Diversity at Rutan means more than a guarantee of equal opportunity in hiring, compensation, promotion and career development. Rutan's commitment to diversity is a permanent and ongoing part of firm management, as embodied in Rutan's Recruiting and Diversity Committees. Our Recruiting Committee's efforts to bring outstanding new lawyers of varied backgrounds to Rutan have resulted in new associate classes consisting of more than 50 percent women and 33 percent persons of color over the past five years.

The Diversity Committee's primary task is to assist in retaining and promoting women attorneys and associates of all cultures, backgrounds, and lifestyles who might face particular challenges in a traditional law firm environment. We are pleased that a growing number of Rutan's partners are women and minorities.

The firm and its Diversity Committee promotes mentorship, and senior attorneys conduct small group meetings with associates to encourage open dialogue on issues of concern. The Diversity Committee also encourages participation in wide-ranging activities that promote diversity outside of the firm, such as those sponsored by the Orange County Diversity Task Force (of which Rutan is a founding member) and minority bar associations.

At Rutan, our commitment to diversity is inseparable from our commitment to excellence.