Business Restructuring and Creditors' Rights

The Business Restructuring and Creditors' Rights practice group provides a wide array of legal services and consultation to various business organizations and constituents, including; lenders, lessors, franchisers, developers, financial institutions, funds, committees, court appointed receivers, and other general and special creditors. Often the practice groups representations are in the context of insolvency proceedings, such as Chapter 11 of the U.S. Bankruptcy Code. The skilled attorneys in our Financial Reorganization, Restructuring and Insolvency practice area have the knowledge and depth of experience to provide legal and strategic advice to clients and, where appropriate, enlist the services of other professionals within the law firm’s various practice groups. This team approach brings the best of all disciplines to service the needs of our clients.

Led by one of New York State’s most respected and trusted legal professionals in the financial reorganization arena, our team has handled all aspects of capital/debt restructuring, secured lending transactions, out of court workouts, recovery and liquidation of collateral, financial reorganization, and bankruptcy litigation. They have represented clients in major bankruptcy cases in Delaware and New York City, as well as in western, northern, and central New York State.

Our tough, thorough, creative, common-sense approach focuses on achieving our clients’ business goals, whether it be to recoup lost debt or to successfully resolve a wide variety of problems involving financially distressed businesses and projects.

Our practice has also handled a vast number of commercial transactions and UCC issues, which provide a basis for the efficient resolution of problem transactions under difficult financial circumstances.

Debt Restructuring
When problems arise, the negotiating skills and creative problem-solving talents of members of the practice can often alleviate or eliminate difficulties. We advise clients involved in a variety of credit structures, including secured and unsecured loan facilities, letter of credit facilities, privately placed notes, and lease financing facilities.

Loan Workouts
Whether offering assistance to borrowers in renegotiating or restructuring commercial loans or other debt obligations, or to traditional and non-traditional lenders in restructuring troubled loans or enforcing lenders’ remedies, we provide invaluable legal advice that is practical and timely.

Sales of Assets
We regularly represent buyers and sellers of distressed businesses and their assets under the Bankruptcy Code, Article 9 of the UCC, and other applicable law. Successful transactions frequently require a strategic plan for contract negotiations, bidding procedures, break-up fees, and good-faith purchaser protections. Through litigating and negotiating objections to existing sale arrangements, we have attained the goals and objectives of our clients in numerous cases. 

Financial Reorganization
Our extensive experience in restructuring and reorganization under Chapter 11 of the Bankruptcy Code provides the skills necessary to forge creative and effective approaches to solving financial problems and developing effective action plans. The practice also is involved in the acquisition, sale, and financing of troubled companies and their business lines and assets. 

Bankruptcy and Creditors’ Rights Litigation
If and when the protections afforded by a bankruptcy filing become necessary, we have the experience required to help our clients–be they creditors or debtors–weather this complex process. While recognizing that negotiated solutions are generally preferable, the attorneys in this group are experienced litigators who are able to provide counsel and knowledge to lenders, borrowers, and business entities in assessing appropriate strategies. Our extensive trial experience and willingness to litigate enhances our ability to negotiate effective solutions. We are experienced in all aspects of bankruptcy litigation and have successfully litigated contested confirmation hearings, fraudulent conveyances recoveries, claims hearings, stay relief hearings, and preference prosecutions. Our significant experience in both state and federal courts is the key to our success in assisting major commercial clients in enforcing money judgments and recovering collateral through contested replevin actions and foreclosure. 

Counsel to Lenders
We also counsel lenders on avoiding lender liability claims, and have successfully defended lender liability claims asserted against lenders, as well as achieved success in pursuing lender liability claims where appropriate.

Our Clients

  • Secured Lenders
  • Official Committees of General Unsecured Creditors
  • Special Counsel to Debtors Reorganized Under Chapter 11
  • Parties Interested in Acquiring Businesses or Assets Involved in a Bankruptcy Proceeding
  • Health Systems and Hospitals
  • Financial Institutions
  • Lessors and Lessees – Real and Personal Property
  • Parties to Executory Contracts
  • Franchisers and Franchisees
  • Trade Creditors and Suppliers
  • Crisis Managers and Other Professionals Employed in Bankruptcy Proceedings
  • General Unsecured Lenders
  • Businesses (ranging from Fortune 500 corporations to closely held companies)

Key Contacts

Team

CARES Act: Modifications to the Bankruptcy Code Expand Eligibility for Small Businesses for One Year

Harter Secrest & Emery Welcomes Andrew M. Dean to its Litigation Practice

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Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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