Practice Capabilities

The Bankruptcy, Restructuring and Creditors' Rights Practice Group represents our clients’ interests related to federal and state bankruptcy, insolvency and creditors’ rights laws.

Our clients include creditors and debtors, committees and trustees, and the buyers and sellers of assets. We regularly counsel our clients in:  

• Chapter 11 reorganization cases 
• Out-of-court workouts and restructurings 
• Loan workouts for both borrowers and lenders
• Debtor-in-possession financing
• Assignments for the benefit of creditors
• Investing in distressed assets and securities
• Asset purchases 
• Creditors' rights, and bankruptcy and insolvency-related litigation, including pursuing and defending collection and recovery motions, and establishing and enforcing receiverships  

Our attorneys have experience in all aspects of insolvency and bankruptcy law, including representation of the interests of secured and unsecured creditors, lessors and lessees, agents for lending groups, indenture trustees and equity and debt holders in complex debtors' and creditors' rights matters, pre-bankruptcy planning, reorganizations, liquidations and other bankruptcy alternatives; insolvency planning and loan workouts, including advice regarding lender liability; mortgage company insolvencies; commercial mortgage foreclosures; enforcement of notes and guarantees and realization of collateral; and litigation in bankruptcy and non-bankruptcy forums. We are frequently called upon to counsel both borrowers and lenders in restructuring complex credit relationships, from inception to the resolution of problems.

With our depth of industry experience and multi-disciplinary approach, we have the capacity to perform both transactional and adversarial work, and the expertise to craft practical solutions.

Service Approach

Our group includes both transactional attorneys and litigators and our clients benefit by receiving consistent counsel from one integrated team as they proceed through a complex bankruptcy, restructuring or creditors' rights matter. Working as a team, we can anticipate each aspect of the case - from beginning to end - achieving better results and more efficient representation for our clients. 

We also collaborate on restructuring and bankruptcy-related matters with other Loeb & Loeb attorneys who practice in such areas as tax, banking, corporate, litigation, entertainment, real estate, securities and mergers and acquisitions to provide comprehensive service and counsel to our clients.

In recent matters, our lawyers have represented:

• Major financial institutions in connection with their exposure to the "sub-prime" mortgage industry, including as lead and participant lenders, loan purchasers, creditors and claimants, in cases such as Ownit, ResMAE, American Home Mortgage, People's Choice, New Century, and others.
• Indenture trustees representing secured and unsecured debt aggregating billions of dollars in a number of high-profile bankruptcy cases.
• Banks, investment funds and other commercial real estate lenders in connection with distressed commercial, industrial, multi-family residential and land developments, workouts and bankruptcies.
• Bank Agents and Secured Lenders in bankruptcy and workout situations in various industries, including transportation, real estate, and media.
• Private Equity clients acquiring interests in and assets from distressed public and private companies.
• Investors with significant exposure in recent "Ponzi" schemes, including Madoff and Bayou.
• Secured creditors in connection with the enforcement of their rights to film and music libraries, including related copyrights, scripts and other intellectual property, both in and out of bankruptcy.
• Issuers of surety bonds in connection with more than $100 million in bond exposure in telecom and construction industry bankruptcies.
• Big 4 Accounting firms on a variety of bankruptcy related issues.
• Official Unsecured Creditors' Committees, including All American Semiconductor Inc., CenterStaging Musical Productions, Inc. and Harrows Inc.
• The largest creditor (the Pilots' Pension Fund) in the Chapter 11 proceeding of Avianca, the Colombian airline.  
• Counterparties with significant exposure to Lehman Brothers.
• The liquidating estate of Pan American World Airways.
• Merrill Lynch Private Finance in connection with the pre- and post-bankruptcy enforcement of its creditor's rights. 
• Cedars-Sinai Medical Center, Little Company of Mary Health Services and other creditor hospitals in the Chapter 11 bankruptcies of various HMOs and other healthcare plans, including Maxicare, WattsHealth, KPC Medical Management and MedPartners.

Clients and Industries

We represent institutional lenders and investors, financial institutions, debtors, pension funds, trustees, real estate developers and other clients in cases covering a host of industries including real estate, financial services, entertainment, energy, airline, healthcare and telecommunications. 

Our clients include: 

Leadership in Law

Members of Loeb & Loeb's bankruptcy group routinely speak to clients, professional organizations and Bar groups on recent developments in bankruptcy law. Our lawyers are also published authors and serve on the editorial boards for publications such as the California Bankruptcy Journal.