BANKRUPTCY, RESTRUCTURING & CREDITORS' RIGHTS

Business Focused, Results Driven

Offit Kurman’s Bankruptcy, Restructuring & Creditors’ Rights Group attorneys represent every constituent in bankruptcy proceedings, state court receiverships and other insolvency proceedings, as well as out of court restructurings and workouts. We believe that each case requires a unique approach in order to stabilize a financially distressed company, so we counsel our clients on the options that will achieve their best net value. Our approach is practical and business oriented.

We represent financial institutions, asset-based lenders, commercial real estate lenders, factors, purchase order financings, landlords, equipment lessors, trade creditors, and governmental entities. We also represent financially distressed companies in all industry sectors, including real estate developers, construction and manufacturers.

Comprehensive Representation

As the recent dramatic economic downturn has shown, there is no company, no matter its size, that is immune from the risks of an economic downturn and sudden financial collapse. Accordingly, in our representation of clients entering into business transactions, we ensure that our clients are advised of the risks associated with the possible insolvency of the other parties to the transaction. What if one of the other parties in the transaction files a bankruptcy proceeding before the transaction closes, or after the transaction closes? What are the risks that our clients face in such situations? Simply put, any business venture should undergo its own “financial stress test” so that insolvency risks are recognized and addressed. We advise our clients that an assessment of the risks associated with the insolvency of the other parties, no matter how remote the risk appears at the time of the transaction, is a worthwhile investment in the transaction. The assessment may lead to changes to the transaction that provide substantially greater protections for the client if another party becomes insolvent and is unable to perform its obligations.

The Bankruptcy, Restructuring & Creditors’ Rights Group has thorough knowledge of bankruptcy law and procedure. In some cases we call upon other Offit Kurman lawyers who specialize in commercial finance, real estate, tax, or corporate law. Additionally, we have close relationships with other professionals whose services may be needed in any particular matter, including equity funds that finance or purchase distressed companies, financial and tax advisors, investment bankers, restructuring professionals and asset liquidators.

Litigation Services

The bankruptcy and restructuring process is inherently contentious. More often than not, there is in-court litigation that occurs at an extremely fast pace. Offit Kurman’s Bankruptcy, Restructuring & Creditors’ Rights attorneys can handle all varieties of adversary proceedings and contested matters in the litigation arena.

For more information about the Group's litigation capabilities, click here.

For further information regarding Offit Kurman’s Bankruptcy, Restructuring & Creditors’ Rights Practice Area, contact Joe Bellinger by e-mail at jbellinger@offitkurman.com or by phone at 301.575.0315.