As a field of law, bankruptcy is both multidimensional and specialized. To identify the causes of financial distress, practitioners must have a broad corporate law background and keen sense of the wider marketplace. To develop effective solutions, they must also have detailed knowledge of the bankruptcy code and related federal and state statutes. Cozen O’Connor’s bankruptcy team is justifiably renowned for combining business acumen with technical skill.
The firm represents key parties on all sides of bankruptcy and restructuring matters, including large corporate debtors, secured and unsecured creditors, creditors’ committees, and trustees. On the debtor side, we quickly access the client’s options and devise a workable solution, whether the client is looking to refinance or restructure debt, or to sell substantially all of its assets through an out-of-court process or a Chapter 11 proceeding. On the creditor side, we implement strategies for creditors and creditors’ committees to maximize their recoveries against debtors in an expeditious manner. We also represent trustees in administering complex Chapter 7 cases, pursuing litigation against third parties, and selling business assets under a Court sanctioned auction process. Overall, our goal in every engagement is to restructure or liquidate in a way that preserves and maximizes value.
Unlike much corporate work, bankruptcy often involves dozens or even hundreds of directly interested parties. To reach a mutually acceptable solution, counsel must accurately assess and coordinate a host of divergent interests. The lawyers at Cozen O’Connor have experience representing parties on all sides of bankruptcy matters, which means they are quick to anticipate the needs and priorities of divergent constituencies and devise a winning strategy for the client. They also serve as mediators in high-level disputes, so they are adept at focusing negotiations and navigating smoothly around potential roadblocks.
Bankruptcy is unique from other practice areas, because it combines transactional and litigation practice. Attorneys must design complicated contracts as readily as they make oral arguments. Cozen O’Connor’s bankruptcy attorneys’ breadth of experience in putting deals together and trying cases makes them ideally suited to operate at this legal crossroads. Our bankruptcy attorneys have extensive trial experience and move easily between the courtroom and the conference room.
Whether declaring insolvency, executing an out-of-court restructuring, or lodging a cross-border complaint, bankruptcy-related matters move fast. Our practice group is structured to facilitate prompt team formation, which allows us to get up and running without delay. The firm has local offices in both bankruptcy hubs, New York City and Wilmington, Delaware, which means that when a matter demands quick action, our attorneys are already on location. No matter how fast the pace, neither quality of work nor client communication is ever compromised.
SERVICES
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Represent large private and publicly held businesses in Chapter 11 proceedings
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Represent trustees in Chapter 7 liquidation and Chapter 11 reorganization cases
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Represent creditors’ committees in Chapter 11 proceedings
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Represent purchasers and sellers in Section 363 sales
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Represent lenders, developers, and investors in real estate insolvencies and restructurings
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Counsel creditors on reorganizations, foreclosures, and liquidation proceedings
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Counsel clients on out-of-court restructurings and workouts
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Advise clients who sell, buy, or invest in distressed and insolvent businesses
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Advise boards of public and private companies in the midst of financial crises
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Represent clients in all forms of litigation arising from bankruptcy and insolvency
CLIENTS
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Corporate debtors
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Secured and unsecured creditors
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Creditors’ committees
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Trustees
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Foreign representatives
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Purchasers of assets
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Investors
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Insurers
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Developers
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Landlords and equipment lessors
TEAM
Cozen O’Connor’s bankruptcy team is comprised of extraordinarily well-qualified attorneys. The group includes lawyers recognized by the American Board of Certification, Chambers & Partners, and Best Lawyers in America, as well as fellows of the American College of Bankruptcy, a three-hundred member organization of preeminent bankruptcy counsel. Our attorneys have been selected to serve on circuit court committees for the selection of bankruptcy judges and panels charged with redrafting specific bankruptcy laws. Senior members of the team chair bar association bankruptcy sections, serve on boards of industry organizations and serve as adjunct law school faculty.
Our goal is to transcend the role of outside counsel and become a true business partner. That requires an ability to listen and understand client goals. It also requires a different approach to staffing than most large law firms. We believe that major matters are best handled by small teams of veteran attorneys. When a firm assigns twelve different lawyers to manage twelve different tasks, no one sees the whole picture and, worse yet, no one is accountable. At Cozen O’Connor, we staff in ways that both support the development of comprehensive solutions and ensure accountability and efficiency.