Lenders, borrowers, trade vendors, landlords and lessors face increasing financial risks. Many clients are surprised at the speed with which action must be taken to preserve their rights in a bankruptcy case.

Many of Spilman’s bankruptcy and creditors’ rights lawyers have decades of experience representing parties in cash collateral disputes, preference actions, asset purchases and sales, reclamation claims, executory contract and leasing issues, and numerous bankruptcy litigation matters, including automatic stay, equitable subordination, fraudulent transfer, and claims objections. We also counsel clients through the disclosure and plan confirmation process and, when necessary, we have represented clients through the bankruptcy appeals process in the District and Circuit Courts.

Bankruptcy Litigation

Bankruptcy litigation sounds like a paradox to many. Seasoned bankruptcy practitioners, however, understand that there are plenty of situations in bankruptcy requiring litigation experience. Examples vary. Indeed, even a contested motion for relief from the automatic stay can raise litigation issues. Other examples include pre-bankruptcy complaints to appoint a receiver, to obtain an injunction, or to set aside a fraudulent conveyance. The bankruptcy petition itself could be contentious, too, if a creditor (or group of creditors) files an involuntary petition. Then, within the bankruptcy case, it sometimes makes sense to compel the appointment of a receiver. Once the debtor moves towards confirmation of a plan or a Chapter 7 trustee moves forward with liquidation, plenty of other litigation needs arise. Avoidance actions, complaints to determine validity or priority of a lien, motions to turn over property--all fall under the category of bankruptcy litigation. In still other cases, a debtor might have significant accounts receivable to collect or business torts to pursue. These situations also warrant knowledge and experience in both litigation and bankruptcy law.

At Spilman, our team has a unique breadth of experience that we have finely tuned into a cohesive unit able to handle even your most nuanced bankruptcy litigation needs. Whether you are a trustee, a creditor, a debtor, a liquidating trustee, a defendant in a bankruptcy adversary proceeding, or any other type of party-in-interest to a bankruptcy, we are ready to step in swiftly to handle any bankruptcy litigations needs you might have.

Secured Creditors

Problem loan workouts require knowledge of a broad spectrum of legal fields, including litigation, secured lending, real estate, fraudulent conveyances, corporate law, taxation and the Uniform Commercial Code.  While each of these areas of the law can be challenging in its own right, it becomes even more difficult when the Bankruptcy Code applies.  We take pride in bringing creative solutions to minimize financial risk in many difficult situations.

Outside bankruptcy, we assist creditors with out-of-court workout matters. We frequently assist clients in reviewing loan documents and assist in protective action in anticipation of possible bankruptcy filings by borrowers or pledgors. We also counsel clients in negotiating and drafting forbearance agreements and in the sale of distressed loans. When necessary, we aggressively pursue state law remedies, such as collateral recovery, injunctions, attachments, replevin and detinue actions, foreclosure auctions, and secured party sales.

Trade Vendors and Suppliers

Spilman’s bankruptcy and creditors’ rights lawyers assist in protecting clients against credit risks before a customer bankruptcy filing. We deliver value to clients proactively by advising our client’s business and legal personnel regarding the adoption of credit management techniques before a customer files bankruptcy that can increase the client’s likely recovery if the customer later files bankruptcy, while also reducing the risk of liability in a preference lawsuit.

When a bank customer files bankruptcy, it must move quickly. Creditor recoveries can decline significantly if the proper action is not taken immediately. We help clients maximize recoveries by ensuring that they aggressively and timely assert their rights, including (i) reclamation demands, (ii) section 503(b)(9) administrative claims, (iii) stoppage of delivery rights, (iv) UCC adequate assurance rights, and (v) executory contract rights, including cure claims. We also develop creative solutions aimed at maximizing recoveries while preserving future revenue when the debtor remains a viable customer.

Debtors and Troubled Companies

Spilman’s lawyers represent debtors and troubled companies in all aspects of financial reorganization both in bankruptcy court and outside of bankruptcy court.

Creditors’ Committees

In Chapter 11 cases, creditors’ committees play an important role. Spilman’s bankruptcy lawyers have served as counsel to numerous creditors’ committees. Additionally, our lawyers have served as counsel to committee members, including the chairs of those committees.

Landlords and Equipment Lessors

Spilman bankruptcy lawyers are experienced in all areas of representing landlords and equipment lessors in collection matters and in bankruptcy court. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, these creditors have increased rights relating to the assumption or rejection of leases. Experienced counsel can ensure that these rights are properly leveraged to achieve the client’s business goals.

Distressed Asset Acquisitions

Financially distressed companies often must sell their assets at a steep discount. Both established and start-up companies with valuable new technologies often find themselves under-capitalized and in need of a buyer.  Often, with creditors at the door, these companies must seek refuge in Chapter 11 – and opportunity can abound. These cases generally move very quickly.  A purchaser may miss the full potential of such an acquisition without the benefit of a multidisciplinary legal team consisting of lawyers with experience in bankruptcy, mergers and acquisitions, labor and employment, environmental, intellectual property, and product liability issues, to name a few.

Our lawyers have extensive experience representing purchasers of “distressed assets,” and we can deploy the value of the Spilman legal model across a full range of practice areas to represent clients in acquiring assets of distressed companies, which may have great potential to increase a client’s future bottom line.

For more information regarding our Bankruptcy & Creditors' Rights Practice Group, contact:

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