Bankruptcy & Creditors' Rights
The Bankruptcy and Creditors’ Rights Group has experience representing many of the myriad of parties and interests that interact in bankruptcy and creditors’ rights matters, such as:
- chapter 11 reorganization cases;
- chapter 7 liquidation cases;
- acquisition of assets from bankruptcy estates and distressed borrowers;
- non-judicial loan restructuring, “workouts” and other alternatives to the bankruptcy process;
- asset recovery and foreclosure; and
- bankruptcy and creditors’ rights related litigation in state and federal courts.
Our attorneys regularly represent financially troubled entities, secured lenders, trustees, unsecured creditors, official creditor and equity committees, commercial landlords, sellers, purchasers, shareholders, and investors in all aspects of in-court and out-of-court workout, restructuring, and reorganization matters.
Please click here to view a more detailed list of our representative work.
The Bankruptcy and Creditors’ Rights Practice Group also offers outside in-house bankruptcy counsel services to a number of corporate clients. Cognizant that many in-house legal departments do not have uniquely focused bankruptcy and creditors’ rights experience, our attorneys serve as in-house counsel from an outside perspective.
Our outside in-house bankruptcy services provide a number of our corporate clients with the ability to forward all bankruptcy-related issues directly to our bankruptcy practitioners for evaluation, analysis, and recommended next steps. Often the initial evaluation is as simple as a description of the letter, notice or pleading received, its potential ramifications, and a recommendation that no other action be taken. Other times we may identify time sensitive issues and recommend immediate involvement to protect and preserve our clients’ interests. Either way, our clients are secure in the knowledge that the matter has been reviewed and analyzed by counselors experienced in these specific types of matters. Our many offerings include, but are in no way limited to:
- review of bankruptcy-related correspondence, notices and pleadings and counseling in regard thereto;
- completion and filing of proofs of claim;
- creditors’ committee formation and membership responsibility issues;
- automatic stay violation issues;
- critical vendor eligibility issues;
- representation in preferential transfer/fraudulent conveyance proceedings;
- unexpired lease/executory contract assumption and rejection issues; and
- plan of reorganization process guidance.
Author, "The bucks start here: How national banks have payment priority over judgment creditors when processing collection efforts," Illinois State Bar Association - Commercial Banking, Collections & Bankruptcy Law Section Council Newsletter, Vol. 55, No. 2, February 2011.
Author, "The answer is in the minutes," Illinois State Bar Association - Commercial Banking, Collections & Bankruptcy Law Section Council Newsletter, Vol. 55, No. 1, December 2010.
Presenter, "The Thirteen Week Cash Flow Workshop," Turnaround Management Association, The University of Chicago Graduate School of Business, May 18, 2006.
Click here to view the preference chart for In re: Sam's Wines & Liquors, Inc. Case No. 09-40598.
Click here to view the preference chart for In re: Sam's Wines & Spirits of Downers Grove, LLC Case No. 09-40607.