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Bankruptcy Advice and Counseling

In these challenging economic times, our clients often face concerns about the financial strength and viability of parties they are doing business with—their suppliers, customers, joint venture partners, lenders, borrowers, licensors, licensees, or other contract counterparties. Many of our clients recognize that they are better off considering these issues before a default or a bankruptcy occurs. They are interested in understanding their rights in the event of a counterparty's insolvency or bankruptcy, and maximizing their protections through the structuring and documentation of their transactions. We have been able to help our clients—on a cost-effective basis—to understand their rights and to maximize their protections. We often come up with creative solutions to address bankruptcy and insolvency risks. This sort of "preventive medicine" can add enormous value—helping to avoid significant expense and business disruption.

Experience Highlights

  • Trade Creditors on ways to reduce bankruptcy risks, including preference risks, arising from deliveries to troubled retailers and other troubled companies.
  • Real Estate, Corporate and Energy Companies in providing true sale and substantive consolidation analysis, structuring advice and opinions regarding financing transactions.
  • Real Estate Lenders in providing bankruptcy risk analysis and structuring advice regarding the financing and refinancing of real property-related debt and associated equity interests.
  • Real Estate Developers in bankruptcy risk analysis and structuring advice regarding financing of real estate projects.
  • Underwriter in providing bankruptcy risk analysis and legal opinions regarding mortgage-backed structured financing transactions.
  • Japanese Corporation in potential restructuring alternatives for a US subsidiary.
  • Media & Entertainment Company in bankruptcy risk analysis and bankruptcy protective measures regarding the sale of businesses.
  • Bank of America Merrill Lynch in Extended Stay Hotels' multibillion bankruptcy and restructuring involving approximately 700 properties in 44 states, along with related guaranty actions.
  • Barclays Bank in its role as agent for a 100+ member lender group (Tishman DC Portfolio) regarding $580 million credit facility secured by a combination of mortgage and equity interests in entities owning 21 office properties in Washington, DC.
  • Capmark Finance in the work-out, restructuring and ultimate disposition of the Georgetown Mall in Washington, DC pursuant to a Section 363 bankruptcy sale of the asset.