Bankruptcy & Restructuring

The Lewis Kappes bankruptcy practice takes a collaborative approach in representing business and individual debtors, creditors’ committees, secured parties, equity holders, trustees, acquiring entities and other interested parties in bankruptcy proceedings, debt workouts and restructurings.

With the assistance of other practices of the firm, the bankruptcy practice can more effectively resolve issues that often arise in a bankruptcy proceeding in other areas of the law, such as real estate, corporate, environmental, and labor and employment, or where commercial litigation is required. Though we take a proactive approach that emphasizes consensus building with a goal towards a corporate restructure that satisfies the various competing interests, members of the bankruptcy practice are also skilled and highly experienced in litigating contested matters and adversary proceedings of all types in Bankruptcy Court.

Bankruptcy

One of our attorneys serves as a Chapter 7 Panel Trustee. As a panel trustee, he has been involved in all forms of individual and business bankruptcy matters.

Matters we typically handle include:

• Plan formulation and negotiation, as well as plan objections and confirmation issues
• Authority to use cash collateral
• Debtor-in-Possession financing
• Relief from the automatic stay
• Voidable transfer analysis and litigation
• Sales of assets and businesses
• Objections to discharge and to dischargeability of debts
• Assumption and rejection of executory contracts and unexpired leases

• Turnover of estate property
• Claim analysis and protection
• Preparing and filing proofs of claims
• Disputes concerning the extent, validity, and priority of liens
• Equitable subordination and the re-characterization of debt to equity
• Health care insolvencies

• Troubled company restructurings and liquidations
• Bankruptcy litigation of all types, including prosecution and defense of fraudulent transfer and preference avoidance litigation and non-discharge of debt cases
• Distressed acquisitions and asset sales
• Real estate restructuring
• Loan workouts

Workouts & Restructuring

We realize that it is often more advantageous to pursue out-of-court loan workouts and settlements than foreclosure or litigation. We work together to protect and advance our client’s interests. Lewis Kappes provides a variety of services with respect to restructurings, debtor-creditor matters, and financial services litigation, including:

• Out-of-court workouts and restructurings of troubled loans and businesses
• Sales and purchases of distressed assets, loans, and businesses
• Commercial and real estate loan modifications, amendments and extensions
• Lien subordination
• Enforcement of security interests and mortgages
• Foreclosures
• Receiverships
• Execution and collection of judgments
• Analysis and enforcement of negotiable instruments, letters of credit and payment orders
• Mechanics liens
• Forbearance Agreements