Bankruptcy, Finance, Restructuring and Creditors' Rights Practice
In adversity there is opportunity
Becker is widely recognized for the excellence of its bankruptcy, finance, restructuring and creditors’ rights practice, which was and remains the foundation of the firm's new brand based practice. Our team provides comprehensive legal advice to executives, board and stakeholders concerning all aspects of debtor-creditor relations, which touch upon almost every aspect of the commercial world.
Our experience in these fields, including but not limited to:
Commercial Creditors' Rights Practice
The firm is experienced in counseling secured, priority, and unsecured commercial creditors; landlords; and lessors both inside, and outside of, bankruptcy proceedings. Within bankruptcy, in addition to the above, the firm is also experienced in representing official and unofficial creditors’ committees in both Chapter 7 and 11 bankruptcy proceedings. Our creditor representation includes debt restructurings such as the refinancing of secured debt, negotiated settlements, recapitalization, the negotiation of fixed obligations, such as loans and leases, and assisting creditors in maximizing their return and protecting collateral. The firm serves as designated prime bankruptcy counsel for a number of large corporations. Experience includes advising the following financial institutions, governmental entities and major corporations as creditors in bankruptcy and insolvency proceedings: Fleet Healthcare Finance Corporation; LaSalle Bank; Webster Bank; SouthTrust Bank; the City of Atlanta; Arch Wireless Holdings, Inc.; Hotel Ramada t/a Tropicana Casino & Hotel; the Systems Group; and Unity Construction.
Secured Creditors' Rights Representations
From default, through workout, settlement and foreclosure, commercial foreclosure, receivership and bankruptcy, we are fully experience with every aspect of the defense and pursuit of secured creditors' rights. We specialize in representing individuals, corporate and small to mid sized banks and convincing lenders in such matters; and we understand the vastly different considerations that come into play for such parties.
Asset Purchases and Sales
When time is a factor, and assets and entities are subject to distress, Becker LLC has critical experience in both selling and purchasing distressed assets, whether in the ordinary course or in bankruptcy and other insolvency proceedings. We are well-known for representing entities in real estate holding, leasing and development, manufacturing and service industries, when selling or acquiring distressed assets, in and out of court. In these representations, the firm combines the strengths of its bankruptcy, finance, restructuring and creditors’ rights group with other practice groups to provide clients with specific significant industry insight.
The combined strength of the firm's bankruptcy group, and the firm's cadre of federal and state court litigations provides clients with tremendous resources and insight to aggressively handle all complex bankruptcy litigation matters, including adequate protection and stay relief matters, as well as preference, fraudulent conveyance, turnover and other avoidance actions, and contested cash collateral.
We regularly represent clients in litigation, where the results have a material impact on our clients' bottom line. We are drawn to, and have extensive experience with, the more complex aspects of bankruptcy litigation, particularly with regard to the representation of fiduciaries, health care entities, manufacturers and service providers. Unlike others, we treat bankruptcy litigation as a holistic endeavor, a function of claims value, asset value, likelihood of reorganization, vendor value from an ongoing relationship, and so forth. At the highest level it is almost never just about defense of litigation.
Chapter 11 Reorganizations
Taking advantage of the protections offered under Chapter 11 of federal bankruptcy law frequently presents the most effective means for restructuring a financially distressed company. Our bankruptcy, insolvency and creditors’ rights attorneys assist our clients in navigating that process. In doing so, they rely upon their experience, foresight, and creativity. Often they combine their experience with other colleagues within the firm who practice in complementary areas of the law, such as corporate law or commercial litigation, to formulate a comprehensive strategy for a successful financial reorganization.
A successful reorganization requires careful planning. Financially distressed companies benefit from engaging our attorneys early in the process – well in advance of anticipated set-backs. The actual filing of the bankruptcy petition is both a last resort, and a first step.
Once engaged, we advise clients on various matters critical to bankruptcy planning, including, for instance, the viability of “prepackaged” and “prenegotiated” plans of reorganization, key employee retention, financing and debtor-in-possession financing, vendor relocations, and the formulation of an effective, and confidential plan.
Once a petition is filed, our bankruptcy, insolvency and creditors’ rights attorneys help guide clients through the reorganization process, always keeping the exigencies of today, and the goals of tomorrow, in sharp focus.
Representation of Trustees and Receivers
The Firm has regularly served as counsel to trustees and receivers in federal bankruptcy and state court receivership proceedings.
The firm is well known for its ability to assist trustees and receivers in determining the best means of maximizing the value of assets available for distribution to creditors. In Chapter 11 cases, our bankruptcy, insolvency and creditors’ rights attorneys are often called upon to help Chapter 11 trustees in analyzing whether reorganization is feasible and, if so, to negotiate and implement the plan of reorganization.
We are versed at assisting trustees and receivers in marshaling and liquidating assets. Because of a wealth of institutional knowledge within the firm in this area, our bankruptcy, insolvency and creditors’ rights attorneys are often asked to play an integral role in determining the most efficient and effective means for selling tangible assets – whether through public or private sale. They often rely upon the experience of attorneys in our real estate, corporate and litigation departments to assist them in liquidating both tangible and intangible assets.
Workout and Restructuring
Our first priority in any representation is to evaluate the best method for achieving the desired debt restructuring. In many instances, a non-judicial workout represents the best available means. In such cases, our bankruptcy, insolvency and creditors’ rights attorneys work closely with management to design and implement a successful workout. The key to a successful workout is negotiating with creditors to achieve a mutually satisfactory workout plan. Such negotiations require a keen understanding of the complex spectrum of legal and financial matters impacting both the company and its creditors. If workout is the first step, then restructuring is often the second. The goals of a non-bankruptcy restructuring are many and varied but the common denominator is strengthening the organization management and operations of a corporation, put simply, the most exciting thing we do.