Bankruptcy & Financial Restructuring

 

Led by Chris Graver and Gary Gotto Keller Rohrback’s complex bankruptcy practice includes representation of a broad spectrum of creditors, debtors, committees, trustees, and receivers. Our attorneys have extensive experience in bankruptcy courts, state and federal courts, and in mediation and arbitration.

 

Litigation

Our insolvency attorneys are experienced in litigation, both in bankruptcy courts and state and federal courts, and are well prepared to handle all litigation that may arise in a bankruptcy case or other insolvency proceedings.  On a broader scale, often a bankruptcy estate holds valuable claims against other parties – for example, antitrust violations, fraudulent transfers, and breaches of fiduciary duty – but lacks the resources to pursue those claims.  Keller Rohrback has nationally recognized litigation expertise in these areas, and has a great deal of experience in structuring contingent fee arrangements that allow a client to pursue these types of claims while preserving the client’s cash for current operations.

 

Appeals

Bankruptcy appeals require not only an intimate knowledge of bankruptcy law, but also insight into the workings of the Bankruptcy Appellate Panel, the United States District Court, and the Circuit Courts of Appeal.  Keller Rohrback’s experience includes prosecution of appeals in all of those courts, as well as years of practice from the appellate court perspective gained from clerking inside the Bankruptcy Appellate Panel.  Keller Rohrback’s combination of knowledge and hands-on experience gives it a powerful base for advocating for its clients on appeal.

 

Bankruptcy Creditor Representation

We are prepared to represent creditors in a wide range of bankruptcy-related matters. Our attorneys represent secured and unsecured creditors facing the problems that arise when one of their customers files  bankruptcy. We are experienced in assisting creditors in their efforts to obtain relief from the automatic bankruptcy stay in order to recover property from the debtor, as well as in defending creditors against avoidance actions seeking to recover moneys the debtor paid to creditors shortly before the bankruptcy.  We represent landlords in protecting their interests in leases with tenants, and creditors seeking to protect their interests in contracts or personal property leases with debtors. We represent court-appointed committees of creditors, and are well-versed in negotiating with debtors and competing creditors over the terms of Chapter 11 plans of reorganization.

 

Bankruptcy Debtor/Corporate Reorganization Representation

Our debtor representation is primarily in the area of Chapter 11 reorganizations and controlled liquidations. We are experienced in assisting debtors with the specialized problems of operating a business under bankruptcy court restrictions, the sale of estate assets free and clear of liens, the negotiation, preparation and confirmation of Chapter 11 reorganization plans, and the multitude of other issues that arise in debtor representation.

 

Trustee and Receiver Representations

Members of our insolvency practice have represented trustees in bankruptcy cases and receivers in state proceedings, both as general counsel to handle all legal proceedings that may arise and as special counsel to handle particular issues. These representations have included cases involving multi-million dollar fraud issues and the recovery of significant assets for the benefit of creditors.

 

Asset Purchasers in Bankruptcy

We represent the purchasers of major assets, or entire businesses, from bankruptcy estates.  This kind of court-approved acquisition can give the purchaser not only a good financial deal, but title free and clear of claims by other creditors.

 

Workouts Outside of Bankruptcy

We advise both debtors and creditors in debt restructuring and financial workouts. A negotiated workout can produce a better result for both the debtor and its creditors than litigating in bankruptcy court. Our attorneys can help debtors and creditors explore the possibility of reaching a consensual agreement without bankruptcy court involvement.

 

Protecting Other Creditor Rights

Our insolvency attorneys advise lenders and other creditors in various credit matters outside of the bankruptcy context. We represent creditors in foreclosure proceedings, provide assistance and advice in matters related to secured transactions and the Uniform Commercial Code, and provide representation in the enforcement of contract obligations and in actions to collect debts.

 

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