Practice Capabilities
The Bankruptcy, Restructuring and Creditors' Rights Department 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
- Insolvencies of municipalities and public agencies
- Distressed Acquisitions
- Debtor-in-possession financing
- Assignments for the benefit of creditors
- Investing in distressed assets and securities
- Creditors' rights, and bankruptcy and insolvency-related litigation, including pursuing and defending collection and recovery motions, defending preference and fraudulent transfer lawsuits, and establishing and enforcing receiverships
Our attorneys have experience in all aspects of insolvency and bankruptcy law. We have represented troubled companies, boards and special board committees, secured and unsecured creditors, creditors’ and equity committees, equity and debt holders, bankruptcy trustees and examiners, business and asset acquirers, lessors and lessees, agents for lending groups, and indenture trustees in complex debtors' and creditors' rights matters.
Our services include 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 through final resolution.
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. 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, capital markets and mergers and acquisitions to provide comprehensive service and counsel to our clients.
In recent matters, our lawyers have represented:
- Bank Agents and Secured Lenders in bankruptcy and workout situations in various industries, including transportation, real estate, and media.
- 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.
- Private Equity clients acquiring interests in and assets from distressed public and private companies.
- Official Unsecured Creditors' Committees, including Gamma Medica USA, All American Semiconductor., CenterStaging Musical Productions, Downey Regional Medical Center and Harrows Inc.
- Big 4 Accounting firms on a variety of bankruptcy related issues.
- 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.
- 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.
- Counterparties with significant exposure to Lehman Brothers.
- Issuers of surety bonds in connection with bond exposure in telecom and construction industry bankruptcies.
- United Healthcare Group in connection with numerous provider insolvencies, restructurings and claims disputes.
- The United Tort Claimants in the Chapter 11 Case of Otero County Hospital Association. In connection with this representation, the Firm was honored by M&A Advisors for the Lifecare Science deal of the year over 100 million dollars.
- 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:
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- Bank of America/Merrill Lynch
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- Northwestern Mutual Life Insurance Company
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- Cedars-Sinai Medical Center
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- Travelers Guarantee Insurance Company
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- Travelers Insurance Company
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- United Healthcare Group, Inc.
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- International Bank of Commerce
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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.