Restructuring & Bankruptcy

Loeb & Loeb’s Bankruptcy, Restructuring and Creditors’ Rights Practice represents our clients’ interests in all aspects of federal and state bankruptcy, insolvency and creditors’ rights law. Our clients include creditors, debtors, committees and trustees as well as the buyers and sellers of distressed assets across a host of industries, including real estate, financial services, media and entertainment, energy, airline, healthcare, retail and telecommunications. Our practice combines both transactional attorneys and litigators who offer a depth of experience and a multidisciplinary approach to crafting practical solutions for our clients that are facing financially distressed situations.

We regularly counsel our clients with respect to:

• Chapter 11 reorganization cases
• Subchapter V reorganization cases for small business
• Out-of-court restructurings 
• Loan workouts for both borrowers and lenders
• Distressed acquisitions 
• Debtor-in-possession financing 
• Receiverships, assignments for the benefit of creditors, and other non-bankruptcy remedies
• Municipal, hospital and public agency insolvencies
• Investments in distressed assets and securities
• Creditors’ rights, bankruptcy and insolvency-related litigation, including pursuing and defending collection and recovery actions, defending preference and fraudulent transfer lawsuits, and establishing and enforcing receiverships

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, receivers, 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 and advice regarding bankruptcy alternatives; insolvency planning and loan workouts, including advice regarding lender liability; commercial mortgage foreclosures; enforcement of notes and guarantees and realization of collateral; and litigation at both the trial and appellate level 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.

Our lawyers have unique experience in recapitalizing, restructuring and turning around deals that have EB-5 investments in the capital structure, including real estate and entertainment financing transactions, as well as other projects that utilize EB-5 funds.

We also routinely represent creditors and debtors in pre-bankruptcy planning and in bankruptcy with respect to the recently enacted Subchapter V for small businesses.

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 a 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, health care, entertainment, real estate, capital markets, and mergers and acquisitions to provide comprehensive service and counsel to our clients.