Bankruptcy, Creditors' Rights and Financial Restructuring

The Bankruptcy, Creditors’ Rights and Financial Restructuring Practice Group provides valuable knowledge and experience in the areas of commercial debt restructuring, settlements, bankruptcy trusteeships, and fiduciary work, and bankruptcy and creditors’ rights litigation. The group represents debtors, secured and unsecured creditors, equity security holders, indenture trustees, creditors’ committees, purchasers of insolvent companies, bankruptcy trustees, and examiners. This background, together with our experience in commercial lending transactions and general representation of commercial financial institutions and a broad range of business enterprises, enables us to provide a full spectrum of corporate, financial and bankruptcy services to our clients. Typical types of matters include:

  • Representing debtors, committees and major creditors in Chapter 11 cases
  • Purchasing assets from businesses on the verge of or in Chapter 11
  • Acquiring companies through Chapter 11
  • 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 creditors’ and debtors’ Chapter 11 plans
  • Establishing, negotiating and litigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance and other avoidance actions
  • Out-of-court debt restructuring and workouts
  • Dealing with problem real estate and asset-based commercial loans and leases
  • Representing  equipment lessors  and other parties in disputes over leased equipment, including whether a lease is a "true lease" or a disguised financing arrangement
  • Representing examiners in significant Chapter 11 cases
  • Serving as Chapter 7 and Chapter 11 Trustee as well as serving as Trustee of a Trust formed under a confirmed Chapter 11 Plan.

In these activities, our attorneys also draw from the expertise found in other practice areas of the firm, including the Commercial Lending, Litigation, Real Estate, Tax and Corporate practice areas, enabling AGG to create innovative solutions for our clients' needs.