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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.