Bankruptcy

Recent years of economic rebound, low interest rates and access to capital saw Chapter 11 filings trend downward. History tells us those winds are likely to change, and we’re already seeing the negative effects of cheap oil across the energy industry, fluctuating commodities, and competitive pressures on the retail and health care sectors. 

Key Contacts

Oren Buchanan Haker Partner Portland, OR
David B. Levant Partner Boise, ID
Mark E. Hindley Partner Salt Lake City, UT
See all contacts
Overview

At Stoel Rives, we represent all sides and angles of an insolvency or distressed equation. We are trusted counsel to our corporate clients on their out-of-court financial or operational restructurings and court proceedings in Chapter 11. We also represent sponsors and strategic and financial investors in out-of-court financial restructurings and in-court bankruptcy cases; secured and unsecured creditors in large and small Chapter 11, 7 and 13 cases; and creditors’ committees and equity interests in Chapter 11 cases.

We have unparalleled experience in the sectors currently most impacted by bankruptcy and restructuring issues, including energy, oil and gas, mining, retail, financial services, agribusiness, commercial real estate, and health care. Our team of restructuring professionals advise on frequently encountered issues and strategies relating to any distressed company, including real estate and leasing matters, disputes over use of cash collateral, debtor-in-possession financing, enterprise and asset valuations, contested confirmation hearings, and discrete issues relating to the Bankruptcy Code and Article 9.

We’ve spent years representing all sides of corporate bankruptcy and reorganization—creditor, debtor, acquirer, landlord and sponsor. Drawing upon our practical experience, and our insight regarding the motivations and tactics of all parties involved in a restructuring, we can more effectively and efficiently plan and implement your strategy. We’ll match our work to your goals and needs—whether in connection with a business liquidation or reorganization or a sale of substantially all of a company’s assets. Perhaps most importantly, we understand the need to minimize time spent in a bankruptcy proceeding, and our professionals have a proven track record of responding to client needs.

Our Services

  • Company-side counsel to large and small businesses in need of financial or operational reorganization
  • Advising secured creditors on workout strategies for distressed borrowers, including out-of-court loan workouts and forbearance agreements, as well as loan-to-own strategies in Chapter 11 cases and state court foreclosures
  • Representing unsecured financial and trade creditors to companies in financial distress, pre-bankruptcy and during a Chapter 11 case
  • Representing large trade creditors in Chapter 11 reorganizations and liquidations
  • Representing buyers in 363 asset sales
  • Advising on asset protection and strategic management
  • Prosecuting and defending fraudulent transfer and preference litigation

Out-of-Court Restructuring

An out-of-court restructuring or reorganization can involve a sale of some or all of a company’s assets, business entity reformation, a debt for equity swap, an assignment of key contracts and leases, a forbearance agreement, and much more. We’ve worked through all of these scenarios with clients and will achieve a solution that fits with your business and the situation at hand.

We draw on the experience of our bankruptcy and trial attorneys. Their knowledge of lender liability, fraudulent conveyances, judicial and non-judicial foreclosures, receiverships and bankruptcy proceedings provides practical perspective for workout strategies, enforcement challenges and opportunities, potential claims and defenses, and alternative dispute resolution mechanisms that may be appropriate.

Bankruptcy Restructuring/Reorganization

Our expertise covers all areas in a bankruptcy proceeding should your restructuring tip into bankruptcy. We represent troubled companies and their boards, management and owners. We often are brought into a situation early so we can provide input on contingency planning and tactics before bankruptcy or reorganization is required. This might involve recapitalizing or restructuring operations, or retiring debt. We advise on Chapter 11 reorganization, refinancing, bankruptcy liquidations, workouts, sales, acquisitions and a range of defense actions against creditors.

On the creditor side, we represent secured and unsecured lenders, creditors’ committees, lessors of real and personal property, investors and franchisors. We also represent trustees appointed by creditors. We negotiate, restructure, enforce, collect and liquidate loans and claims. When preference actions ensue, we give the demand a careful review for validity, negotiate favorable settlement with debtors or trustees or proceed to litigation if necessary.

Bankruptcy Litigation

There can be substantial litigation around an out-of-court or bankruptcy restructuring. We vigorously defend clients against lender liability actions, fraudulent conveyance claims and challenges to acquisitions. We bring actions to recover assets and fight preference actions. We also have experience representing both debtors and creditors in valuation disputes. In all cases, you can count on our extraordinary litigation skills, experience in bankruptcy court and understanding of how debtor and creditor issues affect your operations. We’ll work hard to avoid litigation when possible and bring cases to quick resolution aligned with your objectives.

Matters
  • Representing unsecured financial and trade creditors to companies in financial distress, pre-bankruptcy and during a Chapter 11 case
  • Representing large trade creditors in Chapter 11 reorganizations and liquidations
  • Representing buyers in 363 asset sales
Team
Insights & Presentations
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