Nutter attorneys are well equipped to represent clients in bankruptcy court in Chapter 11 bankruptcy reorganizations, Chapter 7 bankruptcy liquidations, and Chapter 13 bankruptcy proceedings. We know how and when to take the appropriate actions in order to deliver value and optimal results to a client, including:
For clients who are creditors:
- Obtaining relief from the automatic stay to conduct foreclosure-related proceedings;
- Supporting or opposing the adequacy of disclosure statements and the confirmation of plans of reorganization;
- Defending objections to the priority and the allowance of claims;
- Obtaining the appointment of Trustees and Examiners;
- Moving to dismiss or convert Chapter 11 cases;
- Contesting the valuations of assets and the reorganization of securities;
- Contesting whether assets are subject to the debtor’s bankruptcy filing;
- Providing post-petition financing to debtors-in-possession;
- Defending fraudulent conveyance and preference claims;
- Seeking the estimation and allowance of contingent claims for reimbursement;
- Purchasing, selling or otherwise transferring claims;
- Asserting claims for reclamation;
- Contesting the assumption or rejection of executory contracts and leases;
- Enforcing rights under executory contracts and leases; and
- Considering offers of status as “critical vendors” or “essential trade creditors.”
For clients who are debtors:
- Objecting to, and negotiating, claims of landlords, creditors and investors;
- Obtaining confirmation of plans of reorganization;
- Liquidating and selling assets;
- Obtaining debtor-in-possession financing;
- Implementing assignments for the benefit of creditors;
- Negotiating compositions with creditors and other out-of-court arrangements with creditors;
- Assuming or rejecting executory contracts and leases; and
- Litigating avoidance actions, such as fraudulent transfers and preferences.
For other parties:
- Bankruptcy trustees investigating fraud claims and pursuing preference claims;
- Businesses and individuals purchasing real estate, equipment, inventory, intellectual property and other assets from court-appointed receivers or bankruptcy estates;
- Landlords exercising rights with respect to security deposits and rents;
- Indenture trustees representing holders of indentured securities;
- Independent fiduciaries seeking to protect employee-benefit plans; and
- Insurance commissioners in the bankruptcy of insurance holding companies.
For further information, please see our Workout, Restructuring and Bankruptcy group.