Bankruptcy and Restructuring

Frost Brown Todd’s Bankruptcy and Restructuring Practice is national in scope. Our attorneys take pride in finding practical solutions to restructuring matters, bringing to bear a broad range of experience in the fields of creditors' rights, insolvency, workouts, corporate reorganizations and corporate liquidations. After analyzing the facts and needs of each situation, we formulate and help our clients implement the best strategy whether litigation, negotiation or a Chapter 11 bankruptcy restructuring.  We handle matters involving all aspects of federal bankruptcy law as well as a full range of matters arising under state laws relating to commercial and real estate finance transactions, creditors' rights, insolvency, workouts, restructurings, business reorganizations and receiverships.  In the last five years alone, attorneys in Frost Brown Todd’s Bankruptcy and Restructuring Practice have represented parties in insolvency matters in more than 25 states across the U.S. and worked on significant overseas matters.

Crucial to the firm’s ability to develop practical exit strategies for insolvency scenarios is Frost Brown Todd’s culture of working in cross-disciplined teams so that clients using the firm for insolvency services also gain the benefit of the firm’s substantial strengths in related fields such as international law, tax, securities, banking, insurance, environmental, health care, corporate, real estate, labor, e-commerce, technology, and employment law and litigation.  Our capabilities include:

  • Representing borrowers and debtors in Chapter 11 proceedings, workouts, refinancing and sales.
  • Representing first lien, second lien and unsecured creditors in Chapter 11 cases and other corporate recovery proceedings.
  • Representing official and unofficial committees of creditors and bondholders in restructurings and Chapter 11.
  • Representing private equity funds, hedge funds and strategic buyers in distressed debt and distressed asset acquisitions.
  • Structuring transactions to avoid and minimize bankruptcy complexities.
  • Developing alternatives and strategies for dealing with financially troubled suppliers and customers.
  • Advising asset-based lenders and real estate lenders on foreclosures, workouts and restructurings outside bankruptcy including structuring and implementing assets, swaps, asset sales and new, additional or restructured debt financing or investment.
  • Representing lenders in providing Debtor-In-Possession and plan financing facilities in Chapter 11 cases.
  • Representing shopping center and office building developers and managers in tenant and department store bankruptcy cases.
  • Representing student loan guarantors in claims and plan objections as well as non-dischargeability actions.
  • Acting as special counsel for boards of directors in defending against breach of fiduciary duty claims.
  • Acting as counsel to bankruptcy trustees in collecting and liquidating assets.
  • Advising clients in bankruptcy litigation such as stays against lien enforcement, setoffs, preferences, fraudulent conveyances, leveraged buyouts, equitable subordination, lender liability and assumption or rejection of leases and executory contracts.
  • Representing buyers and sellers of businesses in Section 363 sales.

Press Releases

Publications

Practice Highlights

Represent Sumner Regional Health Systems and affiliates as debtors’ counsel in Chapter 11 proceedings involving 4 acute care hospitals, home care facility, physician practice, and related clinics, involving debts of more than $180 million (Nashville, Tennessee 2010).

Represent FDA-regulated cosmetics manufacturer Cosmolab, Inc. and 5 affiliates in their Chapter 11 proceedings as debtors’ counsel, involving claims of approximately $30 million and international issues involving affiliates in China and Stalking Horse buyer headquartered in the European Union (Wilmington, Delaware, 2010). 

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