Bankruptcy and Restructuring

Overview

RumbergerKirk provides a wide range of business advisory and crisis management services. We have extensive experience in bankruptcy and insolvency matters, as well as the skills to navigate clients through the turmoil of situations involving financially-troubled companies. We serve a variety of clients, including debtors, secured and unsecured creditors, bondholders, investors, boards of directors, creditors’ committees in complex corporate restructuring, workout and bankruptcy planning, negotiation, and litigation.

In addition, we often draw on the experience of our lawyers in securities, litigation and employment law. Thanks to this comprehensive approach, we skillfully address the wide range of issues that develop when restructuring the assets and liabilities of businesses and protecting clients like you who are dealing with troubled companies.

Representing debtors, committees, and major creditors in Chapter 11 cases
Acquiring companies through Chapter 11
Representing secured creditors in bankruptcy, restructuring or foreclosure processes
Negotiating and litigating the terms of debtor-in-possession financing, use of cash collateral, adequate protection, and relief from automatic stay
Participating in the Chapter 11 Plan process, including drafting and confirming debtors’ and creditors’ Chapter 11 plans
Prosecuting or defending fraudulent transfer and preference actions as well as equitable subordination actions
Participation in the § 363 sales, including negotiating bidding and auction procedures
Representing plan or liquidating trustees, as well as panel trustees
Establishing, negotiating, and lLitigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance, and other avoidance actions
Participation in the § 363 sales, including negotiating bidding and auction procedures
Out-of-court debt restructuring, workouts and wind downs
Dealing with problem real estate loans and commercial leases
Foreclosures

Additionally, we counsel Creditor Committees on all matters pertinent to Chapter 11 proceedings and advise on the most effective and efficient means of maximizing value for unsecured creditors. Services include:

Debtor’s ability to sell substantially all of its assets with expedited notice
Debtor’s financing and restructuring strategy
Validity and/or extent of secured creditors’ liens and claims
Valuation and solvency of a debtor and/or its assets
Validity and prosecution of potential bankruptcy and non-bankruptcy related causes of action

Represented Major Creditor in In re Windstream Holdings, Inc. (Bankr. S.D.N.Y. 2019)
Represented Labor Interest in In re Mission Coal Co., LLC (Bankr. N.D. Ala. 2018)
Represented Labor Interest in In re Westmoreland Coal Co. (Bankr. S.D. Tex. 2018)
Represented the Debtor in In re Alabama Partners, (Bankr. W.D. Ala. 2017)
Represented the Official Committee of Unsecured Creditors in In re Cuba Timber Co., Inc. (Bankr. N.D. Ala. 2017)
Represented the Official Committee of Unsecured Creditors in In re Forest Energies, LLC (Bankr. N.D. Ala. 2016)
Represented Major Creditor in In re BioNitrogen Holdings (S.D. Fla. 2015)
Represented the Debtor in In re Franklin Pharmacy, LLC (Bankr. N.D. Ala. 2014)
Represented Equipment Lessor in In re: Adams Produce (Bankr. N. D. Ala. 2013)
Represented the Official Committee of Unsecured Creditors in Belle Foods, LLC (Bankr. N.D. Ala. 2013)
Represented Equipment Lessor in In re: Chordus, Inc. (Bankr. N.D. Ala. 2013)
Represented the Official Committee of Retired Employees of Eastman Kodak Company (Bankr. S.D.N.Y. 2012)
Represented the DIP lender and stalking horse bidder in GTM Energy Partners (Bankr. N.D. Ala. 2011)
Represented the Official Committee of Unsecured Creditors of Moore Handley, LLC (Bankr. N.D. Ala. 2009)
Represented the Post-Petition Lenders in Colonial BancGroup, Inc. (Bankr. M.D. Ala. 2009)
Represented the Debtor in In re: City of Prichard, Alabama (Bankr. S.D. Ala. 2009)
Represented various landlords in In re: Brunos, Inc.; BFW Liquidation, LLC (Bankr. N.D. Ala. 2009)
Represented the Official Committee of Unsecured Creditors of Green River Biodiesel (Bankr. N.D. Ala. 2008) and the Liquidating Trustee subsequently appointed through the Plan
Represented Secured Lender in In re: Bill Heard Enterprises, Inc. (Bankr. N.D. Ala. 2008)
Represented Secured Creditor and DIP Lender in Levitt & Sons, LLC (Bankr. S.D. Fla. 2007)
Represented Lead Secured Lender in In re: Citation Corporation and its subsidiaries (Bankr. N.D. Ala. 2007 & 2004)
Represented the Debtor in In re: Carlton Cove, Inc. (Bankr. N.D. Ala. 2006)
Represented the Official Committee of Retired Employees in Solutia, Inc. (Bankr. S.D.N.Y. 2003)

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