Capabilities
Bankruptcy and Restructuring

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

Trade creditors Credit transactions

Advised 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 Financing transactions

Provided true sale and substantive consolidation analysis, structuring advice, and opinions in connection with financing transactions.

Real estate lenders Real estate lending

Provided bankruptcy risk analysis and structuring advice in connection with the financing and refinancing of real property-related debt and associated equity interests.

Real estate developers Real property/equity financings

Provided bankruptcy risk analysis and structuring advice in connection with financing of real estate projects.

Underwriter Mortgage-backed structured financing transactions

Provided bankruptcy risk analysis and legal opinions in connection with mortgage-backed structured financing transactions.

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Overview

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