Corporate

We are uniquely qualified in transactions involving bankruptcy court asset sales in a broad array of industries and levels of distribution.  We commonly handle a wide variety of the issues commonly arising in such transactions, including the following areas:

Bankruptcy Sales

• Counseling as to strategic factors affecting transaction structure
• Due diligence and support
• Assistance in sale process selection
• Development and negotiation of Bankruptcy Code section 363 asset sale procedures
• Transitional financing of the target company
• Addressing the need for management or other transitional services
• Identification and avoidance of unwanted seller and insolvency-related liabilities
• Retention and incentive programs for key employees of the target company
• Choice of business entity for the purchaser, including corporation, partnership, or limited liability company formation, organization, and capitalization

Debt Financings

In addition to debtor-in-possession financing in the context of chapter 11 cases, the Firm has the capability to represent both lenders and borrowers in connection with out-of-court secured financing.
Specifically, major interest cost savings can be achieved where out-of-court restructuring can assist a debtor with the refinancing the restructured indebtedness.

Corporate and Commercial

The Firm advises clients regarding corporate, partnership, and limited liability company matters, including the formation, organization, and restructuring of business enterprises. We review, advise, draft, and negotiate a wide variety of business agreements, including vendor agreements, leases, and license agreements. The Firm also handles a variety of corporate executive-compensation issues, including stock plans, employment agreements, and severance packages, both in and out of the insolvency context.

Real Estate

Our firm’s real estate practice includes the acquisition and sale of real estate.
Over 50% of all bankruptcy cases that this firm has handled involved distressed real estate in need of reorganization that needed sale, liquidation, refinance, or distressed debt modification. As a result, the Firm has developed core expertise in the sale and refinance of real estate.