COZEN O'CONNOR | The Confidence to Proceed

Workouts & Reorganizations

Arthur J. Abramowitz
Contact
(856) 910-5004
Neal D. Colton
Contact
(215) 665-2060

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Overview

The bankruptcy, insolvency and restructuring practice represents clients in a broad range of negotiations which often lead to out-of-court workouts or restructuring with secured and unsecured creditors.

ADDRESSING YOUR NEEDS

Recognizing that the adversarial and competitive business environment requires increasingly creative strategies to avert serious financial difficulties, members of the practice are often called upon to act as key advisors in developing strategies and negotiating out-of-court restructurings with secured and unsecured creditors.

Our attorneys know that there is often a misperception of the benefits and detriments of filing a bankruptcy case. Members of the practice make certain that our clients, whether debtors or creditors, recognize the risks and rewards in agreeing to an out-of-court workout or restructuring versus the filing of bankruptcy. Our goal is to assist our clients in reaching the most advantageous position possible. Of course, if an out-of-court resolution cannot be reached, our attorneys have a wide array of experience representing clients’ interests in bankruptcy.

WHAT WE DO

We are involved in a variety of workout and restructuring matters. On a regular basis we:

  • Counsel management, investors, and secured and unsecured creditors, including lenders, trade creditors, committees, indenture trustees, tenants and foreign representatives in a full range of issues presented in out-of-court workouts and restructurings, including refinancings, reorganizations, foreclosure proceedings and liquidation or assets and other commercial transactions

  • Represent substantial and high-profile private and publicly held businesses, debtors negotiating and drafting resolutions with third parties outside of Chapter 11 proceedings

  • Participate in real estate insolvencies and restructurings on behalf of lenders, developers, and investors

  • Advise parties that are selling, purchasing or investing in distressed and insolvent businesses

  • Advise boards of directors of public companies who must balance fiduciary duties to creditors and shareholders while navigating a course through financial crises


OUR EXPERIENCE

We have substantial experience representing debtors, creditors, official committees, and other parties in interest in litigation arising out of some of the largest cases in the busiest bankruptcy courts in the country. Members of the practice are recognized as national leaders in the field, write articles on emerging issues in creditors' rights, serve as expert witnesses in the field of creditors' rights and regularly appear as panelists or speakers at professional conferences.

OUR CLIENTS

We actively represent corporate debtors, secured and unsecured creditors, landlords, equipment lessors, insurance companies, lenders, and investors throughout the United States.