Rutan & Tucker’s Corporate Restructuring and Creditors’ Rights Group is comprised of attorneys with extensive specialized knowledge and expertise in (1) workouts, restructurings, and bankruptcy cases from middle market businesses to large multinational corporations and (2) loan enforcement and other commercial litigation on behalf of financial institutions. The Group regularly handles out-of-court debt restructuring, complex loan workouts, distressed acquisitions, assignments for the benefit of creditors, receiverships and foreclosures, bringing together integrated and deep resources from all of our firm’s departments.
Our Group’s experience and capabilities in the various aspects of a corporate restructuring practice include (in addition to representing financial institutions and other secured creditors):
- Representing distressed companies (including “single asset real estate” entities) and high net worth individuals in need of financial restructuring, both in and out of bankruptcy
- Representing trustees and committees in Chapter 11 cases
- Developing strategies for distressed investors to obtain control of troubled companies
- Structuring rescue, debtor-in-possession and exit financings
- Preparing pre-packaged and pre-arranged plans of reorganization
- Assisting in acquisition of assets (including intellectual property) and distressed M&A transactions, in and out of formal insolvency proceedings
- Formulating, negotiating, drafting and objecting to Chapter 11 plans of reorganization
The Group’s commercial litigators represent a broad base of financial institutions and other clients in all state and federal courts (including bankruptcy court), as well as in arbitration forums. Specifically, the litigators represent Rutan’s clients in:
- Enforcing secured and unsecured loan obligations (including obtaining attachments, injunctions, restraining orders, receiverships, and other pre-judgment remedies as necessary)
- Handling real property and UCC foreclosures
- Defending clients against lender liability, sham guaranty, unfair business practices, and similar claims
- Enforcing and collecting judgments
- Handling all types of bankruptcy litigation, including prosecuting and defending against lender liability actions, fraudulent conveyance claims, preference claims, objections to claims (including reclamation claims), objections to discharge and non-dischargeability actions, and challenges to acquisitions, appointments of trustees and examiners and dismissal of Chapter 11 cases, and motions for relief from the automatic stay
- Representing officers and directors of financially troubled companies
- Representing landlords and property owners in restructurings and bankruptcy cases