Bankruptcy and Restructuring
An Overview of Our Practice
Members of Phillips Nizer LLPs Bankruptcy and Restructuring Practice are particularly adept in providing counsel, including under the most complex of circumstances, in all areas of bankruptcy, debtors and creditors rights, workouts, debt restructuring, corporate reorganization and other insolvency-related proceedings (both domestic and international). We advise clients on the purchase and sale of troubled companies, and on insolvency-related issues in loan and other financing transactions.
Specific Areas of Representation
- representing clients in complex insolvency-related matters, both in and out of court (including Chapter 11 cases involving inter-related cross-border filings);
- negotiating and documenting agreements, such as purchase and sale agreements, forbearance agreements, inter-creditor agreements, debtor-in-possession financing and cash collateral agreements, subordination agreements, debt restructure agreements, and plans of reorganization;
- representing clients in distress acquisitions, inside and outside of bankruptcy;
- representing clients in intellectual property issues in bankruptcy;
- defending real estate lessor and lessee issues in bankruptcy;
- evaluating transactions for bankruptcy and insolvency concerns;
- prosecuting and defending preference and fraudulent conveyance actions; and general commercial litigation.
Members of the Bankruptcy & Restructuring Practice have been lead counsel in numerous contexts, representing debtors and debtors-in-possession, creditors committees, secured and unsecured creditors, and both sellers and purchasers of assets in bankruptcy; they also have extensive experience in handling transactions and litigations of all types in the creditors' rights arena.
Our Approach and Who We Represent
We work nimbly and, whenever necessary and appropriate, with other practice areas within our firm, including our Corporate & Business Law Department. We aspire to resolve matters by negotiation whenever necessary, but when such an approach is unattainable, members of our team bring a wealth of experience in litigating complex matters.
Our attorneys have not only the legal know how, but an in-depth knowledge of the complexities of the Bankruptcy Code, other creditors rights statutes, as well as practical knowledge of the bankruptcy process and an understanding of the businesses to which our clients belong. Our clients currently include or have included:
- Publicly-traded and privately-held companies
- Financial institutions
- Insurance companies and asset-based lenders
We also provide a full range of services related to commercial lending, from origination through enforcement of remedies, assisting these clients in negotiations with borrowers/customers, formulation of proposals, documentation of sophisticated transactions, and closing such transactions.
The strength of our Bankruptcy & Restructuring Practice is simple: experience, creativity and responsiveness. We draw on the legal and business experience of our members. We have forged a reputation as keen negotiators who understand client concerns and develop creative negotiation and litigation solutions. Our goal is to structure a resolution that achieves a client's objectives as efficiently as possible.