Cole Schotz’s Bankruptcy & Corporate Restructuring practice is a distinguished and nationally renowned full-service group that is regularly cited in Chambers USA: America’s Leading Lawyers for Business and lauded for a track record that boasts unparalleled effectiveness, success and value.
Complex in and out-of-court corporate restructurings, state and federal insolvency proceedings and high stakes bankruptcy litigation: Cole Schotz delivers innovative strategies and winning solutions for the distress arena expertly and efficiently.
Due to their complex and oftentimes emergent nature, Cole Schotz takes a highly collaborative approach to financial restructuring matters. We involve our Corporate, Tax, Real Estate, Environmental, and Litigation practices, as needed, to leverage knowledge, skills and business acumen as we work together to meet our clients’ demands and provide effective counsel.
Unlike many other bankruptcy practices, we do not represent major financial institutions. Therefore, we can act directly adverse to those entities - an oftentimes crucial need for our financial restructuring clients. Further, debtors or creditors’ committees can hire us as co-counsel or conflicts counsel for investigations and litigation as a result of our 100% financial institution-neutral status.
Cole Schotz’s bankruptcy and corporate restructuring work includes, but is not limited to:
Out-of-Court Restructurings and Chapter 11 Reorganizations
Acting quickly and aggressively on emergent situations is a Cole Schotz trademark. We assess our client’s source of financial distress and work to devise and implement innovative alternatives to preserve enterprise value - while keeping our client’s business objectives front and center.
We make every attempt to avoid a Chapter 11 filing, opting for creative, out-of-court restructuring options including consensual debt restructurings and financial recapitalization. However, if bankruptcy is the most viable restructuring option, we leverage our extensive and broad-based experience representing Chapter 11 debtors in all kinds of restructuring situations to achieve successful client results.
If we determine that the sale of a business and/or its assets is required, we assist our clients in disposing of their distressed business interests through asset or stock sales; we also institute and process orderly liquidations pursuant to federal and state law.
We regularly represent official committees of unsecured creditors in complex bankruptcy cases across the country. Mindful of the fiduciary duties of, and the critical role played by, a creditors’ committee in a Chapter 11 case, we leverage our extensive experience to maximize creditor recoveries. To that end, we thoughtfully analyze and advise on all aspects of case administration, investigate and pursue estate causes of action, prosecute objections to cash collateral and debtor-in-possession financing, and challenge confirmation of and/or negotiate plans of reorganization.
Our team of seasoned litigators regularly handles all types of bankruptcy litigation. We are well versed in all facets of the complex litigation that typically arises in restructuring matters.
We handle the full range of bankruptcy litigation, including:
Secured Creditors’ Rights
In limited circumstances, we will undertake the representation of non-institutional secured lenders such as private equity firms, opportunity funds and note holder groups. We work with our clients to develop and implement practical and effective solutions that maximize the value of their collateral and interests in and out of bankruptcy.
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Bankruptcy & Restructuring Law May 29, 2018Benjamin L. Wallen
Bankruptcy & Restructuring Law May 14, 2018Jacob S. Frumkin
Bankruptcy & Restructuring Law April 25, 2018Benjamin L. Wallen
Bankruptcy & Restructuring Law April 16, 2018Patrick J. Reilley
Bankruptcy & Restructuring Law March 20, 2018Ryan T. Jareck
Bankruptcy & Restructuring Law March 2, 2018Nicholas J. Brannick
New Jersey Law Journal February 11, 2018Felice R. Yudkin and Rebecca Hollander
American Bankruptcy Institute February 1, 2018Ilana Volkov and Mark Tsukerman
American Bar Association February 1, 2018J. Kate Stickles and Patrick J. Reilley
Practical Law January 2018Ilana Volkov
Bankruptcy & Restructuring Law December 6, 2017Ilana Volkov
Bankruptcy & Restructuring Law December 1, 2017Brianne N. Lansinger
Bankruptcy & Restructuring Law November 29, 2017Benjamin L. Wallen
Bankruptcy & Restructuring Law October 2, 2017Benjamin L. Wallen
New York Law Journal September 25, 2017Rebecca Hollander and Michael D. Sirota
American Bankruptcy Institute Commercial Fraud Committee Newsletter September 25, 2017J. Kate Stickles
Bankruptcy & Restructuring Law September 18, 2017Myles R. MacDonald
Bankruptcy & Restructuring Law July 31, 2017Jill B. Bienstock
Bankruptcy & Restructuring Law July 17, 2017Jill B. Bienstock
Bankruptcy & Restructuring Law June 14, 2017