Snell & Wilmer L.L.P.

  • Established in 1938
  • Firm Size 480
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Bankruptcy and Reorganization

Client and Industry Challenges

Bankruptcies, insolvencies and reorganizations are complex, highly regulated and financially demanding processes that often require the assistance of experienced counsel who can offer practical solutions and achieve tangible, timely and cost effective results.

Snell & Wilmer's bankruptcy and reorganization team is one of the largest and most dynamic in the United States. Our clients benefit from the team's extensive depth and experience in representing commercial creditors, debtors, debtors-in-possession, trustees, committees and third parties in all aspects of the bankruptcy and debt collection process. Collectively, the team has well over 100 years of experience in these matters. We work closely with each of our clients to understand their business, their legal issues and their financial challenges, and assist them in developing and implementing an effective strategy to accomplish their objectives.

Areas of Service

State Law Services

  • Pre-bankruptcy loan restructuring, workouts and recoveries
  • State law foreclosures
  • Receiverships
  • Pre-judgment attachments, garnishments and replevins
  • Judgment enforcement and collections
  • Asset sales and liquidations
  • State law avoidance actions
  • Attachments, injunctions, restraining orders and provisional remedies

Bankruptcy Services

  • Secured and unsecured creditor, individual and corporate debtor and debtor-in-possession, trustee and committee representation in all aspects of Chapter 11 proceedings
  • Prosecuting and defending bankruptcy-related causes of action, such as preferences, fraudulent transfers, lien avoidance actions and non-dischargeability claims
  • Prosecuting and defending relief from stay motions, cash collateral motions and adequate protection proceedings
  • Providing and obtaining debtor-in-possession financing
  • Negotiating, objecting to and prosecuting plans of reorganization
  • Prosecuting and defending claim objections
  • Seeking appointments of trustees and examiners

Clients We Serve

Our bankruptcy and reorganization team has represented clients in various industries, including preparation and distribution of food and packaged consumer products; banking, equipment finance and leasing; brokerage; utilities, transportation and telecommunications; farming, ranching and dairy; franchising; pharmaceuticals; heavy machinery and equipment manufacturing; medicine and health care; mining; real estate development, entitlement and construction; asset-based lending; gaming; software development and utilization; insurance; governmental entities, agencies and political subdivisions; and labor unions.

Why Clients Select Us

Recognized and Involved: Several of our bankruptcy and reorganization partners have been recognized by their peers in the Best Lawyers in America® (Woodward/White, Inc. of South Carolina); additionally, many of our partners are AV rated by Martindale-Hubbell. Members of the team are frequently asked to speak at legal seminars and industry conferences, and have authored articles in legal and business publications on various bankruptcy and insolvency topics. Our attorneys are actively involved with various local and national insolvency associations; several also hold leadership positions in these organizations.

Interdisciplinary Approach: As part of a full-service business law firm, our bankruptcy and reorganization team is able to offer clients the benefit of an interdisciplinary approach to problem-solving. As necessary, we draw upon the talents of lawyers who are knowledgeable in related areas such as tax, real estate, corporate law, securities and environmental regulation. This is particularly important because non-bankruptcy issues often become the focus of significant disputes in a Chapter 11 proceeding. Depending upon the client's needs, the team is capable of pursuing an aggressive litigation approach through the use of commercial litigators, as well as pursuing a consensual or negotiated compromise involving transactional attorneys with experience in sophisticated deal documentation. Working in tandem with attorneys in other practice disciplines allows the bankruptcy and reorganization team to provide efficient, cost-effective representation in complex proceedings.

Experience

Some of the team’s recent engagements include:

Debtor and Debtor-in-Possession Representations in Bankruptcy

  • Reorganizing a national commercial bakery through Chapter 11
  • Representing a Chapter 11 debtor that owned a 550-lot residential real estate development
  • Reorganizing a national government contractor with over $150 million in annual sales
  • Serving as general bankruptcy counsel to a leading medical software company providing web-based claims and records processing for physicians, helping it to liquidate its business as a going concern within 60 days after filing the case, and then confirming a plan of reorganization to distribute the proceeds of the sale

Trustee and Committee Representations in Bankruptcy

  • Representing the liquidating agent in the Chapter 11 bankruptcy of a national roadway transportation company
  • Serving as counsel to the Chapter 11 trustee of a large dairy farm
  • Representing a trustee in connection with claims asserted by more than 1,200 investors in various viatical insurance policies with an aggregate face value exceeding $55 million
  • Representing the Committee of General Unsecured Creditors in a large dairy case

Secured Creditor Representations in Bankruptcy

  • Representing creditors in seeking full payment or return of collateral in Chapter 12 farm reorganizations
  • Assisting the largest secured creditor of a large Chapter 11 regional franchisee in Northern District of Texas
  • Defending against the subordination of a national bank's claim so it could seek to obtain a 100% payment on its claim in the bankruptcy of a medical facility
  • Assisting with a secured loan, plus a substantial prepayment premium, on behalf of a large financial institution in connection with the sale of commercial property in a Chapter 11 case
  • Conducting forensic due diligence that uncovered the unauthorized transferee of a client's income-producing collateral
  • Uncovering eastern European ghost-loans allegedly secured by a client’s income-producing collateral
  • Representing a secured creditor group with claims exceeding $60 million in a large mining bankruptcy

Unsecured Creditor Representations in Bankruptcy

  • Prosecuting reclamation claims of a large chemical manufacturer
  • Representing commercial landlords in matter related to evictions of non-paying tenants in bankruptcy
  • Prosecuting reclamation claims of large Arizona manufacturers in cases pending in Delaware and Florida and defending preference claims in those bankruptcies
  • Assisting a large laminate supplier with a $1.7 million claim in a New York bankruptcy proceeding and in structuring a future business relationship with the debtor
  • Representing insurers in the reorganization of a non-profit religious organization facing sexual harassment suits
  • Negotiating and documenting the purchase of intellectual property rights from the trustee in the Chapter 7 bankruptcy of a financial services company
  • Representing and advising numerous franchisors in Chapter 7 and Chapter 11 bankruptcy cases filed by franchisees and/or their guarantors
  • Serving as counsel for a consortium of municipalities in a large Chapter 9 bankruptcy proceeding
  • Prosecuting claims on behalf of a group of customers who invested in funds

Miscellaneous Bankruptcy- and Insolvency-Related Matters

  • Assisting a national equipment finance company in defending alleged claims for violations of the automatic stay in which the debtor sought several hundred thousand dollars in damages
  • Representing large paper supplier in an adversary proceeding seeking damages for alleged nonpayment of an open account
  • Assisting a large transportation company with a Chapter 7 bankruptcy case
  • Representing a national distributor of vitamins and nutritional supplements in the Chapter 11 bankruptcy of a drug manufacturer and in a related products liability lawsuit
  • Representing a large national bank in conjunction with a Chapter 7 liquidation and fraud investigation
  • Defending a large supplier of electronic equipment and parts in a $1.5 million preference claim by a bankruptcy trustee
  • Counseling a national bank in a combined Arizona Corporation Commission state court receivership and in a multi-debtor bankruptcy ponzi scheme investigation
  • Assisting investors in a privately held company with the takeover and acquisition of a data hosting center

Creditor Representations Outside of Bankruptcy

  • Representing a large financial institution in a wrongful levy action against the United States
  • Representing secured lenders in workouts and note purchases secured by commercial real property
  • Identifying and seizing hidden assets, and assisting with an accounts-freeze order over the assets of a foreign government maintained by a foreign bank with branches located in California
  • Representing a large equipment supplier and creditor in connection with a $2.3 million claim
  • Defending a large national commercial lender in multi-million dollar lender liability litigation
  • Regularly counseling several lenders and financial institutions in recovered and disposed of real estate collateral

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Peer Reviews

4.8/5.0 (720 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Mr. Robert Feinberg by a Judge on 05/03/13 in Civil Litigation

    Mr. Feinberg was in the public sector when he joined my firm in the early to mid 1990s. I was very impressed with him then and, when I left private practice to take the bench, I know that he continued to have an excellent reputation working at his pr... Read more

    Read more
  • 5.0/5.0 Review for Nathan Davis by a Managing Partner on 04/15/13 in Civil Litigation

    This is one of the best and most honest lawyers I have opposed in many years. He has talent beyond his years.

Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Diversity

Snell & Wilmer has a deep and longstanding commitment to developing, maintaining and fostering an inclusive and accepting environment rich in diversity. By hiring and retaining a diverse group of attorneys whose collective talents and creativity are drawn from a broad cross-section of backgrounds and outlooks, we enhance our ability to offer superior legal services to our clients.

To boost our efforts, Snell & Wilmer’s Attorney Development, Hiring, and Diversity Committees will ensure that the firm continues to value and promote diversity through focused hiring, development and community efforts.

Commitment to Students

Snell & Wilmer believes that its efforts to reach out to students at every level will increase diversity within the legal profession. Snell & Wilmer is committed to fostering relationships with students.

In our Phoenix, Tucson, Las Vegas, Salt Lake City, and Denver offices, Snell & Wilmer hires diverse law students as interns in connection with the firm’s support of area law schools’ diversity legal writing programs. Current diverse attorneys are involved with the selection of the students and in the administration of the program. The intern is assigned several written projects and receives feedback from assigning attorneys. The intern also is paired with mentors at the firm who coordinate social meetings with partners from various practice groups throughout the internship to assist in developing the intern’s understanding and exposure to various types of legal work. Interns also have opportunities to attend hearings, depositions, and meet clients.

For the past several years, Snell & Wilmer has led the efforts in Arizona for the American Bar Association Section of Litigation’s Judicial Internship Opportunity Program. This nationwide program enables diverse and economically-disadvantaged second-year law students to obtain a judicial internship during one summer. A large component of the program includes mentoring and administrative efforts to offer social activities throughout the summer. Snell & Wilmer attorneys participate in this program as mentors, as social programming coordinators, and as the lead contacts for questions from the Phoenix students.

As part of its focus on encouraging diverse students to pursue legal careers, Snell & Wilmer’s attorneys engage in multiple in-person activities with high school and elementary students. For example, Snell & Wilmer hosts high school students interested in a legal career and their families for a reception and tour of the firm. Additionally, attorneys attend career fairs at local high schools that have a major concentration of ethnically diverse students in an effort to encourage interest in a legal career. Snell & Wilmer also has partnered with a Phoenix elementary school to provide math and reading tutors and to invite the students for a day at the office.

Several attorneys also participate in the MentoRing program in association with the Hispanic National Bar Association and the Arizona State University Sandra Day O’Conner College of Law. The MentoRing program partners minority undergraduate and law students with practicing attorneys in an effort to provide multi-layered mentoring.

Snell & Wilmer’s Diversity Committee is working to establish and implement the Snell & Wilmer Pre-Law Program targeted at diverse undergraduate students. In 2009, the Diversity Committee implemented the LSAT Scholarship component of the Pre-Law Program and awarded three scholarships to diverse students to attend an LSAT preparation course of their choosing. The Diversity Committee looks forward to growing this program in 2010.

Commitment to Community

As a corporate member of the Diversity Leadership Alliance ("DLA"), Snell & Wilmer participates in promoting and furthering diversity in the work place by exchanging ideas regarding diversity initiatives with other businesses. Membership in DLA allows Snell & Wilmer to participate in monthly seminars focused on diversity topics.

Snell & Wilmer is also a signatory to the Colorado Pledge to Diversity. In 1993, as a result of the collaborative efforts of twenty-three Denver law firms, a plan was launched to significantly increase the number of racially and ethnically diverse attorneys recruited, hired and promoted by law firms in Colorado. These law firms signed a Pledge to Racial and Ethnic Diversity in Colorado Law Firms and meet regularly to determine the means in which to achieve the goals set forth in the pledge. Some programs and activities have been: (1) hiring a first-year diverse law student as a summer intern; (2) co-sponsorship of annual Diversity in the Work Place Reception; (3) award of four book scholarships to local diverse law students; and (4) sponsorship of the annual Rocky Mountain Minority Legal Career Fair.

Snell & Wilmer attorneys personally involve themselves with organizations dedicated to diversity, including Women Lawyers groups, Minority Bar Associations, and Human Rights groups dedicated to the LGBT community. Additionally, attorneys are actively involved with area volunteer lawyer groups and organizations that address legal issues affecting minorities and under-represented groups, including the Judicial Council Task Force on Racial and Ethnic Fairness in the Criminal and Juvenile System.

Commitment to Professional Development

All associate attorneys are provided with a Coach (mentor) to guide them through all stages of their associate careers - from first-year challenges to partnership consideration. Coaches are provided materials designed to support them in their role. Coaches are expected to check-in with associates on a regular basis and engage in discussions with the associate concerning firm culture and the practice of law. Coaches also are responsible for fostering connections with other partners throughout the firm and various practice groups. The firm encourages informal mentoring among its attorneys and promotes various social events, both firm-wide and practice group-specific, to develop and strengthen interpersonal relationships and relationships with families. Additionally, the Attorney Development Manager checks-in with attorneys to assess the firm’s efforts of inclusion and whether changes to the mentoring relationship are necessary.

Named for Snell & Wilmer’s first woman partner, the Mary Leader Women in Leadership Program aims to promote women inside and outside of the firm through events in each of our offices. Examples of past events include afternoon lunches, a spa day, networking events with clients, golf clinics, and an annual holiday party.

Commitment to Family

Snell & Wilmer is committed to providing our attorneys with a meaningful opportunity to balance professional and personal demands. The firm offers 12 weeks of paid maternity and paternity leave to attorneys for the birth or adoption of a child. The firm recognizes that, at times, attorneys may have family obligations or personal needs that may merit either adjusting or reducing their work schedules. As a result, the firm considers alternative work arrangements on a case-by-case basis. The consideration of proposals will take into account the needs of the attorney, the practice group, the firm, and our clients.

Domestic Partner Benefits are provided to same-sex couples of both attorneys and staff.

Additional Information

For additional information about Snell & Wilmer’s diversity programs, initiatives and efforts, please contact the Chairperson of Snell & Wilmer’s Diversity Committee, Monica Limón-Wynn.

 

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