Creditors’ Rights, Bankruptcy, Reorganization & WorkoutsOverviewIn situations of financial distress and potential default, struggling businesses and creditors need to act quickly and decisively to preserve value, buy time, achieve stability, seek relief, and avoid or mitigate the effects of insolvency. Michael Best offers battle-tested counsel in these challenging circumstances. Whether representing distressed companies or creditors, we help clients define and achieve successful outcomes.
Remedies for Creditors
Creditors of all types turn to our Creditors’ Rights, Bankruptcy, Reorganization & Workouts team when they need informed guidance on financial disputes. Clients value our multidisciplinary team approach that seeks to meet client goals on time and within budget, and finds solutions to difficult situations.
Our litigators draw on their experience in collections, foreclosures, replevins, lien enforcement, receiverships, non-judicial sales of collateral, and bankruptcy to find solutions to complex issues as they arise.
The group’s litigation record covers all aspects of collection, insolvency, and bankruptcy proceedings. Clients turn to Michael Best litigators for counsel on matters including contract disputes, fraud and misrepresentation, successor liability, and lender liability claims. We assist in obtaining the appointment of receivers, trustees, and examiners. In bankruptcy, we assess and defend preference and other avoidance actions, obtain relief from the automatic stay, and counsel on rights and remedies under executory contracts and leases.
We also assist in bankruptcy plan negotiations and proceedings, as well as in assessing and representing our clients' interests in first-day order bankruptcy hearings. Clients interested in purchasing assets out of receiverships and bankruptcy estates also seek our counsel to understand the risks and benefits of such a purchase, and how to structure the transaction and manage the process to gain the best competitive advantage.
Opportunities to Save Businesses
There are windows of opportunity in nearly every crisis: moments when careful negotiation can lead to the rehabilitation or reorganization of a distressed business, halting the erosion of value for owners and creditors. We can help you find and seize those opportunities.
Our lawyers have years of experience representing financially distressed businesses and their financial institutions — as well as opportunistic acquirers and investors — in financial workouts, restructurings, and acquisitions or dispositions of distressed assets. Our services include:
- Finance, including recapitalizations, bank financing, and multi-step transactions to restructure the debt and equity of businesses and real estate
- Corporate governance, including restructuring equity investments, and guiding boards of directors and business owners in meeting their fiduciary duties to stockholders and others as part of the restructuring process
- Real estate, including the acquisition, sale, and development of distressed real estate; landlord representation; and implementing deeds in lieu of foreclosure
- Transactional assistance with equity financing, commercial credit arrangements, forbearance agreements, assignments for benefit of creditors (ABCs), avoidance and defense of lender liability claims, senior and subordinate lender matters, and intercreditor matters
- Litigation and dispute resolution, including judicial sale, foreclosure, or partition; state law receivership proceedings; and, when necessary, by using the protections of the bankruptcy laws
- Tax planning and tax savings opportunities that arise in connection with transactions involving distressed properties, often working with clients’ accountants
ExperienceExamples of claims and proceedings include:
- State and federal collection and eviction actions
- Guaranty and surety enforcement and collection actions
- Defense of counterclaims and lender liability claims
- State and federal foreclosure of mortgages, land contracts
- State and federal receiverships
- Injunction proceedings
- Assignments for the benefit of creditors (ABCs), including Chapter 128 proceedings
- Non-judicial foreclosure proceedings
- Supplemental examinations, asset searches, and collectability evaluations
- Garnishments, attachments, executions, and other pre- and post-judgment remedies
- Bankruptcy proceedings, including valuation proceedings, claims determinations and objections, relief from stay, adversary proceedings, nondischargeability determinations, preference, and fraudulent transfer avoidance actions
- Equitable subordination and marshalling actions
- Successor liability and veil-piercing claims
- Fraud, misrepresentation, insider transfers, and other fraudulent transfer actions
- PACA, PASA, construction, and other specialized trust and lien claims
Related PeoplePreview Attorney's BiographyJoe has a strong track record in representing clients in a variety of commercial litigation matters. These include contract disputes, insolvency and collection matters, including foreclosures, replevin and bankruptcies, negligence and intentional tort actions including fraud and theft by contractor, permitting and regulatory matters before the Wisconsin Department of Natural Resources and Department of Administration. Preview Attorney's BiographyColleagues and clients alike describe John as a creative and pragmatic litigator. As an advisor to corporate boards, CEO’s and presidents of publicly traded and privately held companies, John puts his law degree and Masters in Economics to work serving banks and insurance industry clients in a broad range of complex disputes. Preview Attorney's BiographyKatie counsels and advocates for clients seeking to manage or prevent workplace disputes. She advises employers on a broad range of employment law concerns, including discrimination, retaliation, wrongful discharge, disability accommodations, family and medical leave, wage and hour law, non-compete and non-solicitation agreements, and employee terminations and reductions in force. Preview Attorney's BiographyRyan is a paralegal in the firm’s Corporate Practice Group. He assists Michael Best attorneys with a variety real estate, corporate, and data privacy matters. He conducts property and tax assessment research, performs due diligence, ALTA/NSPS land survey analysis, title and policy review, evaluation of agricultural foreclosures, and manages closings for commercial, residential, and agricultural real estate transactions throughout the country. Ryan L. Habeck* *Names that appear with an asterisk indicate a Michael Best professional not admitted to practice law. Preview Attorney's BiographyAdam is an Associate in Michael Best’s Litigation practice. He assists businesses and individuals in navigating all aspects and phases of commercial and other civil disputes, up to and including courtroom litigation.
Prior to joining the firm, Adam served as a Judicial Law Clerk to the Honorable Chief Judge Pamela Pepper of the Eastern District of Wisconsin. There, Adam researched and drafted orders related to a wide range of federal and state legal matters, including contract, employment ... Preview Attorney's BiographyJustin leads the Bankruptcy team at Michael Best and focuses his practice on Chapter 11 cases, with an emphasis on representing debtors, as well as creditors, secured lenders, and committees. Outside of Chapter 11 cases, Justin assists with other insolvency matters (receiverships, assignments, foreclosures, dissolutions), as well as general corporate litigation and real estate transactions. Preview Attorney's BiographyTanya is passionate about advising and advocating for her clients effectively. She methodically evaluates each case to determine how to resolve the litigation most efficiently and favorably for her clients, especially if and when it can be avoided. Preview Attorney's BiographyChris is a trusted advisor to a myriad of clients facing insolvency-related problems. Years of advocating in and out of court gives Chris the perspective to provide clients with comprehensive counsel and enable them to make informed business decisions under difficult circumstances.
|
back to top |