About Restructuring and Insolvency
Our Restructuring and Insolvency Section attorneys are trusted advisors who partner with clients to address problems arising from financially distressed companies. Complementing our core team of bankruptcy attorneys are subject matter experts capable of counselling clients on the sometimes complex interplay between insolvency law and their respective practice specialties.
We are committed to delivering consistent best of class service and counselling. In many cases, clients seek advice from attorneys in our Restructuring & Insolvency Section when faced with complex legal issues having substantial economic impact. We understand the gravity of the decisions our clients must sometimes make when their businesses are at risk of a material loss. We approach each representation as your partner and will work closely with you to craft strategies designed to best achieve your objectives.
Financially Distressed Companies. Companies experiencing financial distress retain us to help navigate out-of-court workouts and financial restructurings, including advising on insolvency options, structuring distressed sales, assessing credit and collateral packages of secured lenders, and negotiating relief from vendors, customers, lenders, landlords, and other parties.
Debtor Representations. Companies retain us to help them assess whether they can best achieve their business objectives by restructuring in a bankruptcy case. We guide companies through the entire chapter 11 bankruptcy process, including obtaining post-bankruptcy financing, maintaining essential personnel, communicating with important vendors and customers, shedding burdensome contracts, managing claims, selling assets, and advising on plans of reorganization. As a consequence of the enactment of the Small Business Reorganization Act of 2019, reorganization in a chapter 11 bankruptcy case is now an affordable option for many lower middle market companies. Please see our Debtor Representation Services Section for more information.
Banks and Other Lenders. Banks and other financial institutions retain us to review loan documentation, analyze lien perfection and priority, and advise on how to strengthen their respective positions relative to other creditors. We represent secured creditors in out-of-court workouts, financial restructurings, judicial and non-judicial foreclosures, bankruptcies, and receivership proceedings.
Purchasers and Sellers of Distressed Companies. Sellers and purchasers of distressed companies retain us to represent them in bankruptcy sales, judicial and non-judicial foreclosure sales, and sales by Chapter 128 Wisconsin receivers.
Boards of Directors. Companies and individual board members retain us to provide advice on state law fiduciary duties when companies are experiencing financial distress, including working with boards faced with decisions that could materially impact the business. We work with boards and board members to make their meetings more productive, improve their internal processes, and resolve deadlocks.
Unsecured Creditors. Unsecured creditors retain us to provide advice and guidance when a customer, tenant, or other party with whom there is a business relationship experiences financial distress. We counsel unsecured creditors on their non-bankruptcy remedies such as contract termination, reclamation, and options for judicial relief. We also represent unsecured creditors in insolvency proceedings, including filing proofs of claim, responding to claims objections, asserting administrative claims, advising on post-bankruptcy reclamation rights, assessing critical trade vendor motions and orders, advising on motions to assume, reject or assign real or personal property leases, and analyzing treatment under a plan of reorganization.