Distressed situations and business reorganizations require lawyers with knowledge and experience to handle the tough issues that will arise and find real solutions. Our lawyers have extensive experience representing clients (both individuals and entities) in reorganization proceedings and informal debt restructurings across a wide range of industries, including real estate, manufacturing, oil and gas, retail, wholesale, construction, technology, telecommunication, healthcare and transportation.
Chapter 11 Representation
Sometimes a bankruptcy proceeding is unavoidable. In many instances, it is the best option to obtain the desired outcome. We are adroit at representing clients in any phase of a bankruptcy proceeding. We represent debtors, creditors, creditors’ committees, third parties (including purchasers and funders), and trustees in connection with Chapter 7 (liquidation) and Chapter 11 (liquidation or reorganization) cases throughout Texas and across the country. There are a myriad of matters which often arise in a bankruptcy case: use of cash collateral; debtor-in-possession financing; sales of assets; relief from the automatic stay; assumption and rejection of contracts; preference and fraudulent transfer litigation; termination of retirement plans; approval of retention bonus plans; as well as disclosure statement and plan confirmation proceedings. Our lawyers have substantial experience in handling these matters in bankruptcy proceedings of all sizes.
Bankruptcy and Insolvency Litigation
Chapter 11 cases often generate litigation both in bankruptcy courts and other courts. Our bankruptcy attorneys are skilled at handling such litigation matters as well as arbitrations and dispute resolutions and additionally have the experience of our entire commercial litigation group to handle even the most complex litigation matters. As such we have substantial trial experience in nearly all types of creditors rights matters including: preference litigation; fraudulent transfer avoidance; claims litigation; turnover litigation; alter ego and single business enterprise; debt collection; and other creditors rights actions.
Related Areas of Representation
Bankruptcy proceedings often involve matters outside the exclusive province of bankruptcy, such as: oil and gas, real estate, corporate matters, transactions, regulatory matters, estate planning, tax, and litigation. We have the specific knowledge, the experience necessary and the relationships with other necessary professionals to represent clients in these types of matters, as well as virtually any other matter which may arise in the course of a bankruptcy proceeding.
Informal Business Restructuring
A formal reorganization is not always the best option for business restructuring. We provide consultation and advice in restructuring debts and reorganizing businesses outside of bankruptcy proceedings. Our lawyers’ proficiency is invaluable in enabling us to obtain consensual debt workouts for our clients without the difficulty and expense of a bankruptcy proceeding.
Transaction Structuring Advice
With our extensive knowledge of bankruptcy matters, we are well versed in advising clients regarding the optimal structure for their companies to avoid or minimize the pitfalls of unexpected and unforeseen events such as unanticipated litigation. Additionally, we have experience in structuring real estate transactions in order to minimize bankruptcy risk and also render non-consolidation opinions in connection with such transactions.