Businesses often are surprised to learn of the possible benefits their borrowers, suppliers, customers or tenants may gain from filing bankruptcy. The automatic stay, use of collateral, contract or lease assumption or rejection, recovery of payments made, and a variety of other debtor and creditor rights and remedies can complicate our clients' business decisions. In many situations, it is possible to limit or defend against the effects of those rights.
We analyze the potential consequences of a debtor’s bankruptcy to determine a course of action that will advance our clients' business interests. We assert recovery rights and assist in responding to proceedings that seek to avoid liens, recover alleged preferential or fraudulent transfers, permit the use of collateral, or assert other causes of action under the Bankruptcy Code. We also assist in seeking to modify the automatic bankruptcy stay, require the debtor to assume or reject contracts or leases, require the debtor to provide adequate protection of our clients' interests, or obtain other remedies that may be available.
We litigate in bankruptcy court on a wide variety of issues, including:
- Bankruptcy stay relief
- Cash collateral
- Sale/use of collateral
- Adequate protection
- Fraudulent transfers
- Executory contract/lease assumption/rejection
- Creditor claims
- Administrative claims
- Defense of claims
- Equitable subordination claims