Bankruptcy and Creditors' Rights
The Bankruptcy, Creditor’s Rights and Insolvency-Related Litigation Group of McKenna Long & Aldridge LLP (the “Group”) focuses its practice on the many issues arising out of corporate and business-related insolvencies. Our Group is comprised of highly regarded and experienced professionals who, from our offices in Atlanta, the District of Columbia, New York, Los Angeles, San Francisco and Denver, handle bankruptcy-related matters throughout the United States, including, most recently, in California, Colorado, Delaware, Florida, Georgia, New York, Texas, and Virginia. Members of the Group are Fellows of the American College of Bankruptcy, hold leadership positions in bankruptcy and insolvency-related bar and other organizations, regularly speak and write about issues arising in and outside of the Bankruptcy Courts, and are well known to and highly regarded by their colleagues.
Members of our Group are regularly retained to represent Secured Creditors, Buyers of Assets, Trustees, Examiners, Receivers, Assignees for the Benefit of Creditors, Debtors, Municipalities, and Committees in large and complex Bankruptcy Cases throughout the United States. Our experience is not limited to any particular industry and has included representations in the real estate, health care, alternative energy, finance, manufacturing, technology, securities, construction, retail, and textile areas, as well as the representation of municipalities under Chapter 9 of the Bankruptcy Code. The bankruptcy process can be complicated and usually involves numerous stakeholders and competing interests. In order to successfully represent any party in a bankruptcy case, a bankruptcy lawyer must be both a negotiator and a litigator. Our lawyers have successfully negotiated and implemented plans of reorganization, debtor in possession financings, sales of assets, and settlements with corporate insiders and directors. We also have substantial experience in the prosecution and defense of bankruptcy litigation in all manner of contested matters and adversary proceedings, including fraudulent conveyances, preferences, director and officer claims, lender liability claims, plan confirmation battles, relief-from-stay motions, executory contracts and leases, asset sales, and other motions and requests for relief that arise in bankruptcy cases.
Members of the Group are also regularly retained to represent court-appointed fiduciaries in enforcement actions brought by the Securities & Exchange Commission, the Federal Trade Commission, and the Commodities Futures Trading Commission. These representations have required that our Group assist receivers and special masters in untangling complex fraudulent schemes, tracing assets domestically and internationally, and recovering fraudulent payments and ill-gotten gains. Our lawyers have brought and pursued all manner of litigation in connection with these representations including fraudulent conveyance and unjust enrichment, actions to recover improper dividends and commissions, malpractice and negligence actions, and demands for accountings.
Members of our group have also represented secured and unsecured creditors both in and outside of bankruptcy courts. We have conducted and coordinated legal proceedings throughout the United States, providing the entire range of remedy-enforcement, defense, and other creditor’s rights services, including real and personal property foreclosures, actions on notes and guaranties, receivership proceedings, and other actions to protect and preserve collateral. In this regard, members of the Group work closely with MLA’s Financial Restructuring Group to offer creditors and investors the entire range of disciplines required to analyze, plan, and implement resolution programs for problem loans and problem loan portfolios.
- January 24, 2013
- November 1, 2010
- July 9, 2010
- Lender Strategies for Dealing with Commercial TIC Bankruptcies
- Maybe Taxes Aren't So Certain
- Viewpoint: The Benefits of Serving on a Creditors Committee