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

DISTRESSED DAILY: Mall Owner Offers Retention Pay to Whole Staff

As published in: Bloomberg Law February 22, 2021

ROI Influencers: Power List 2021 — Lawyers

As published in: ROI-NJ February 22, 2021

Zohar Ch. 11 Lines Up Sale Of Tilton-Tied Snelling Staffing

As published in: Law360 February 17, 2021

Mercy Hospital's bankruptcy exposes a bigger problem

As published in: Crain's Chicago Business February 16, 2021

U.S. Bankruptcy Tracker: Health Care Shows More Cracks

As published in: Bloomberg February 16, 2021

Ruby Tuesday's Ch. 11 Plan OK'd After $6M Deal

As published in: Law360 February 11, 2021

Banks Slam Eagle Hospitality Cost, Schedule In Del. Ch. 11

As published in: Law360 February 8, 2021

Purdue Sues In Ch. 11 To Access $3.3B Insurance Funds

As published in: Law360 February 1, 2021

Judge Warns Of Doubts Over Zohar Claims In Tilton Tax Fight

As published in: Law360 January 27, 2021

They've Got Next: Five Fresh Faces to Know in Bankruptcy

As published in: Bloomberg Law November 27, 2020

NJ Judge Gives Nod To Sur La Table's Ch. 11 Plan

As published in: Law360 October 21, 2020

U.S. Bankruptcy Tracker: Media Companies See Distress Surge

As published in: Bloomberg Law October 13, 2020

Compromise Key to Restructuring in Pandemic, True Religion Attorney Says

As published in: Delaware Business Court Insider October 8, 2020

True Religion Ch. 11 Plan OK'd After Last-Minute Creditor Deal

As published in: Law360 October 5, 2020

EVENTS

Recent Events

Mid-Atlantic Virtual Bankruptcy Workshop
Attorney Speaking: G. David DeanAugust 6, 2020
Nexia TRI Conference
Attorney Speaking: Donald H. SteckrothMay 14, 2018

PUBLICATIONS

New Chapter 11 Filing – Arandell Holdings, Inc.

Bankruptcy & Restructuring Law August 13, 2020

No Deal: Appeals Court Strikes Champertous Contract

American Bar Association’s Litigation News November 19, 2019

Marijuana's Journey from Greenhouse to Courthouse

American Bankruptcy Institute May 2019

G. David Dean
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

In Defense of the Blameless

New Jersey Lawyer Magazine February 2019

Warren A. Usatine and Rebecca Hollander
Guide for In-House Counsel Practical Resource to Cutting-Edge Issues

American Bar Association January 1, 2019

Krista L. Kulp
×

For Important Legal Updates and Resources on the Coronavirus Click Here.