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Bankruptcy and Restructuring

Kerr Russell has extensive experience in every aspect of the law involving bankruptcy, reorganization, corporate restructurings and out-of-court workouts.  Our attorneys have represented corporate debtors, creditors’ committees, trustees, receivers, secured lenders and unsecured creditors in a variety of industries inside and outside of court.

Kerr Russell bankruptcy and restructuring attorneys have assisted numerous small to middle-market businesses with the resolution of their insolvency issues.  Kerr Russell attorneys are skilled at reaching creative solutions to the legal problems of financially distressed businesses outside of court.  Our attorneys have successfully guided numerous businesses through successful out-of-court restructurings that preserve business operations for owners and employees while enhancing value for creditors.

Where necessary, Kerr Russell attorneys have successfully guided numerous businesses through the Chapter 11 process, including automotive, retail, manufacturing, aviation, health care, real estate, construction and entertainment.

We emphasize a team approach in bankruptcy and restructuring matters. Our attorneys work closely with and draw on the talents of firm colleagues in other practice areas including corporate, securities law, employment, real estate, tax and litigation.  We have significant experience in representing both public and private companies in insolvency matters.  Our fee structure enables us to handle complex insolvency matters for our clients in a cost-effective manner.

Our services in bankruptcy and restructuring include:

  • Counseling financially troubled companies through out-of-court restructurings in order to avoid bankruptcy and, if necessary, assisting them with bankruptcy filings
  • Representing small to middle-market businesses in all aspects of the Chapter 11 bankruptcy process, including negotiating debtor-in-possession financing agreements, § 363 sales and preparing plans of reorganization
  • Representing creditors’ committees, creditors and trustees in Chapter 11 proceedings
  • Representing clients in bankruptcy litigation, including actions to recover preferential transfers and fraudulent conveyance and claims resolution
  • Representing purchasers and sellers of assets of insolvent companies both in and out of bankruptcy
  • Representing secured and unsecured creditors’ interests both in and out of bankruptcy
  • Assisting clients with out-of-court loan workouts and restructurings, including negotiating and drafting forbearance agreements
  • Representing court-appointed receivers
  • Representing companies and individuals with a resolution of tax debt, both in and out of bankruptcy
  • Representing clients in liquidation and restructuring proceedings including assignments for the benefit of creditors, out-of-court creditor compositions, receiverships and Chapter 7 bankruptcies
  • Representing trustees and corporate restructuring officers in bankruptcy proceedings
  • Advising boards of directors regarding their fiduciary obligations as a result of pending insolvency
  • Protecting rights of creditors by analyzing their secured position and assisting with asset recovery and foreclosure
  • Advising clients in the automotive industry with troubled customers or troubled suppliers to maximize the recovery of claims and ensure continued production
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