Bankruptcy and Insolvency

Our Bankruptcy and Insolvency practice provides a full spectrum of advisory services to businesses and individuals facing financial distress. From assessing insolvency liabilities to commencing formal bankruptcy proceedings, we offer comprehensive guidance to ensure our clients can navigate the complexities of reorganization or liquidation processes. Our expertise extends across all forms of bankruptcy, including corporate reorganizations, pre-packaged bankruptcies, and small business restructurings. We work closely with clients to ensure their interests are protected, whether they are seeking reorganization or liquidation.

We represent creditors looking to recover their claims or challenge the confirmation of reorganization plans. Our team assists in initiating liquidation bankruptcy claims, either against companies or individuals, to strengthen creditor positions in bankruptcy court. We also provide specialized services in the acquisition and sale of distressed assets, offering risk analysis on fire sales and strategic advice on asset placement. Our expertise includes structuring and securing stalking-horse bids or collateral for debtor-in-possession (DIP) loan arrangements, helping our clients maximize their opportunities in the bankruptcy process.

Whether you are a creditor, debtor, or interested party, we offer comprehensive solutions to defend against or initiate insolvency-related lawsuits. Our firm is equipped to provide both strategic litigation support and transactional services, ensuring that your position is leveraged effectively throughout the bankruptcy or insolvency process. With a focus on maximizing recovery and minimizing liabilities, we provide holistic support tailored to your financial challenges.

• Debtor Assessment on Insolvency Liability: we conduct a comprehensive assessment of a debtor's financial condition to determine the extent of insolvency risks and liabilities. This process includes an in-depth review of financial statements, asset valuations, debt structures, and ongoing obligations to pinpoint areas of potential vulnerability. We evaluate both short-term liquidity challenges and long-term financial sustainability, advising on whether restructuring, reorganization, or liquidation is the most effective solution. Our strategic analysis provides clear recommendations to mitigate insolvency risks, helping companies navigate difficult financial landscapes and avoid unnecessary consequences. By offering a tailored, practical path forward, we ensure that businesses can stabilize and restructure when possible, or proceed with liquidation in a manner that minimizes losses and legal exposure.
• Asset Protection: our asset protection consultancy is designed to safeguard corporate assets and shield directors, shareholders, and stakeholders from personal liability that may arise during bankruptcy proceedings. We implement strategies to protect assets from risks such as clawback claims, fraudulent transfer allegations, and creditor actions. This involves a detailed analysis of the corporate structure to identify vulnerabilities and suggesting proactive adjustments before bankruptcy proceedings begin, thus ensuring a solid foundation is laid to avoid setbacks or turmoil. For corporate groups, we protect parent companies and affiliates from being unduly exposed to a subsidiary’s insolvency risks. For individual stakeholders, we develop legal strategies to prevent personal assets from being pulled into the business’s bankruptcy. Whether preparing for liquidation or reorganization, our priority is on minimizing liability and preserving value, ensuring that directors, shareholders, and other key stakeholders remain protected from financial and legal repercussions throughout the process.
• Bankruptcy Preparation: We offer end-to-end services for preparing businesses for voluntary bankruptcy—whether for reorganization or liquidation. This includes gathering and reviewing all necessary financial, operational, and legal documents required to initiate bankruptcy proceedings. Our meticulous approach ensures that filings, disclosures, and regulatory compliance are thoroughly managed, leaving no room for error. From balance sheets and cash flow analyses to contractual obligations and secured debt, we review all documentation to streamline the process, ensuring that the bankruptcy filing is smooth and efficient. Our team helps businesses craft strategic bankruptcy plans that align with both legal requirements and financial objectives, reducing the risk of challenges or delays from creditors or regulators. By carefully planning the timing and structure of the filing, we ensure the business can either reorganize its operations or liquidate assets with minimal disruption and maximum recovery potential.
• Corporate Advisory in the Bankruptcy Landscape: we offer comprehensive corporate advisory services in the context of bankruptcy, focusing on the rights and responsibilities of directors, shareholders, and stakeholders. Our services include advising on shareholder voting rights during bankruptcy proceedings, ensuring that all legal and corporate governance requirements are met. We assist directors in navigating their fiduciary duties during reorganization or liquidation, providing guidance on the implementation of court-approved plans. Our team also supports the communication process with stakeholders and the market, ensuring that all parties remain informed and that confidence is maintained throughout the bankruptcy process.
• Reorganization Representation: we provide comprehensive guidance for businesses going through restructuring, whether it's a pre-packaged bankruptcy, small business reorganization, or corporate restructuring. Our team develops turnaround strategies, works closely with financial advisors, and drafts creditor voting plans to secure the best possible reorganization terms. We ensure that every aspect of the reorganization complies with court requirements, focusing on protecting the company’s operations and long-term viability.
• Turnaround Strategic Consultation: we provide tailored strategic consulting to develop turnaround plans that stabilize a company’s financial situation by carefully assessing the types of debt and creditor profiles involved. Our approach includes identifying financial weaknesses, proposing operational improvements, and implementing cost-saving measures, all while taking into account the creditor landscape. We work closely with management and financial advisors to devise voting strategies and creditor negotiations that maximize support for the turnaround plan. By aligning the strategy with the interests of different classes of creditors—secured, unsecured, and priority claimants—we ensure a practical, sustainable recovery that minimizes disruptions and restores business viability.
• Drafting Restructuring or Liquidation Plans: we assist in drafting comprehensive restructuring or liquidation plans that are meticulously designed to reflect the nature of the debt and the profiles of the creditors involved. Our plans aim to balance the rights of creditors with the obligations of the debtor, ensuring compliance with legal requirements while also incorporating effective voting strategies to secure creditor approval. By addressing the specific concerns of various creditor classes and providing clear, actionable steps, we create a roadmap that paves the way for successful restructuring or an orderly liquidation, securing the best possible outcomes for all stakeholders.
• Creditor Representation in Bankruptcy Proceedings: we represent creditors in bankruptcy proceedings, working to maximize the recovery of their claims. Our team is experienced in challenging the confirmation of reorganization plans, enforcing claims during liquidation, and leveraging creditor positions in court. We also initiate liquidation claims when necessary, ensuring creditors receive fair and timely compensation from debtors.
• Debtor-in-Possession (DIP) Loan Structuring: our firm helps companies secure debtor-in-possession (DIP) financing to continue operations during bankruptcy, ensuring that the terms of the loan provide the necessary protections for lenders and maximize the debtor's ability to reorganize or liquidate effectively. We strategically select and negotiate collateral, focusing on assets that can provide specific performance or trigger automatic freezing if conditions are breached. We work to secure super-priority rights for lenders, ensuring that their claims are prioritized above all others. Additionally, we incorporate step-in provisions and veto powers over the debtor’s business activities, limiting the debtor's authority to dispose of assets without lender approval and providing oversight to ensure compliance with financial and operational conditions. This approach guarantees liquidity for the debtor while protecting lenders' interests and maintaining control over the business’s critical assets during the bankruptcy process.
• Distressed Acquisitions: we advise clients on acquiring or disposing of distressed assets during bankruptcy proceedings. Our services include conducting detailed risk assessments, providing strategic advice on fire sales, and ensuring that assets are valued appropriately. We also manage stalking-horse bids, helping our clients secure advantageous terms and set strategic baselines for auctions.
• Director and Partner Liability Protection: in bankruptcy proceedings, courts often attempt to bring in third-party companies, directors, shareholders, and partners to extend liability beyond the insolvent entity. We provide robust legal defense for directors, partners, and executives who face personal liability, defending against attempts to hold them accountable for corporate debts. This includes protecting against clawback claims, allegations of breach of fiduciary duty, and other insolvency-related risks that could personally affect leadership. Our team is dedicated to shielding corporate officers and shareholders from undue personal exposure, ensuring their financial and legal standing is safeguarded throughout the insolvency process.
• Clawback Claims and Asset Retrieval: we handle clawback claims in bankruptcy, assisting in retrieving assets that were improperly transferred before the insolvency filing. Our team also defends creditors against unjust clawback attempts, ensuring that all actions are fair and comply with bankruptcy laws. Our goal is to protect creditor interests and ensure proper asset distribution during bankruptcy proceedings.
• Litigation and Defense in Insolvency-Related Lawsuits: we provide legal representation in disputes arising from insolvency-related litigation. Whether defending against claims or initiating actions to recover assets, our team ensures that your interests are fully protected. We handle all stages of insolvency litigation, ensuring that your rights are defended in court and that any disputes are resolved in a timely and efficient manner.
• Watchdog Services and Strategic Advocacy: we offer proactive monitoring and advocacy services during competitor or debtor insolvency situations. Acting as a “watchdog,” we provide critical intelligence and insights to ensure your competitors or violators are held accountable during bankruptcy proceedings. Our team strategically supports your interests, preventing others from taking advantage of the process to avoid liabilities.
• Creditor or Debtor Assistance in Liquidation Proceedings: we represent both creditors and debtors during liquidation proceedings, ensuring that assets are fairly distributed and that legal rights are protected. Our services include initiating liquidation claims, defending against improper liquidation attempts, and working to secure the best possible outcomes for all parties involved.
• Crisis Communication and Strategic Planning: we offer strategic communication support to help businesses convey their financial situation to creditors, employees, and stakeholders during bankruptcy or restructuring. Our team ensures that messaging is clear, controlled, and designed to maintain confidence while avoiding panic. This approach helps stabilize the company’s reputation and business operations during challenging times.