Cole Schotz P.C.

 

Bankruptcy & Corporate Restructuring

OVERVIEW

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.

We represent:

  • Debtors
  • Creditors’ and other statutory committees
  • Institutional creditors
  • Asset purchasers
  • Venture capitalists
  • Secured parties, lessors and contract parties
  • Equity holders
  • Directors
  • Court-appointed fiduciaries
  • Plan sponsors
  • Indenture trustees
  • Bond insurers

Working Collectively – with No Conflicts of Interest

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.

Our Range of Work

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.

Business Sales
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.

Creditors’ Committees
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.

Bankruptcy Litigation
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:

  • Plan confirmation
  • Debtor-in-possession financing
  • Cash collateral
  • Relief from the automatic stay
  • Asset sales
  • Complex fraudulent transfer and preference litigation
  • Equitable subordination and re-characterization of debt to equity
  • Substantive consolidation and other litigation involving affiliates of debtors
  • Chapter 11 trustee and examiner matters
  • Claims challenges and estimation
  • Lender liability
  • Prosecution and defense of claims against directors and officers

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.


RELATED SERVICES

PROFESSIONALS

Department Chairs

Attorneys

NEWS

News

Showtime, Disney, Universal top list of unsecured creditors in Fuse bankruptcy

As published in: S&P Global Marketing Intelligence April 25, 2019

Congratulations to Wendy Berger, J. Kate Stickles and Lori Wolf

As published in: Best Lawyers Business Edition 2018: Women in the Law Summer 2019

Truss Manufacturer Valued At $143M, Del. Court Finds

As published in: Law360 March 1, 2019

Excise Tax or Regulatory Fee? A Warning for Bankruptcy Practitioners and Cannabis Clients

As published in: 15 No. 14 Westlaw Journal Bankruptcy 01 November 15, 2018

Adidas Settlement Paves Way For Closing Of Rockport Sale

As published in: Law360 July 31, 2018

Ch. 11 Auction Drives Videology Inc. Sale Price To $119M

As published in: Law360 July 17. 2018

F-Squared Discovery Delayed In Del. Ch. 11 Trustee Suits

As published in: Law360 June 18, 2018

Business people: Jan. 18, 2018

As published in: Delaware Business Now January 18, 2018

Wake Up Call: Mueller Subpoenas Bannon in Russia Probe

As published in: Bloomberg Big Law Business January 17, 2018

EVENTS

Upcoming Events

Recent Events

Nexia TRI Conference
Attorney Speaking: Donald H. SteckrothMay 14, 2018

PUBLICATIONS

Oral Arguments on Extraterritorial Issues in Insolvency (Madoff Inv. Sec.)

A Joint Presentation of the Delaware Bankruptcy Inn of Court and American College of Bankruptcy February 19, 2019

Myles R. MacDonald
In Defense of the Blameless

New Jersey Lawyer Magazine February 2019

Warren A. Usatine and Rebecca Hollander