We regularly represent private equity funds (PE funds) in bankruptcy and restructuring matters throughout the United States. We have represented some of the country's largest PE funds and their portfolio companies in matters ranging from complex billion-dollar plus transactions to middle market bankruptcy cases. We represent our PE fund clients in all capacities—in acquiring businesses and assets from Chapter 11 or other insolvency proceedings, as providers of senior or subordinated debt, and as holders of preferred or common equity. We often advise PE funds regarding alternatives to bankruptcy, which may save time and expense. We also have substantial experience defending PE funds (and, occasionally, their principals) in bankruptcy-related litigation, including claims for breach of duty, subordination or recharacterization of debt, preference and fraudulent transfer claims, WARN Act litigation, and many other types of claims. Our practice is enhanced by our access to lawyers in our Corporate and Finance, Tax, and Litigation practices who specialize in the representation of PE funds and who have a deep understanding of the private equity industry.
Represented American Capital in connection with restructurings, acquisitions and bankruptcy-related litigation.
Represented Perseus in a number of bankruptcy cases, out-of-court restructurings, and distressed M&A transactions.
Representation of York Capital Management in connection with restructuring transactions and bankruptcy-related litigation, including in the Chapter 11 bankruptcy of Steve & Barry’s and Nautilus Holdings Limited.
Provided bankruptcy risk analysis and structuring advice in connection with the financing and refinancing of real property-related debt and associated equity interests, and represented Rockwood Capital in bankruptcy cases, debtor-in-possession financing, exit financing and loan restructurings.
Represented Canyon Capital as lender in hospitality and other real estate cases.