Our firm specializes in the representation of distressed entities, with an emphasis on an expedient and sustainable shift towards an effective reorganization.  This process begins with an evaluation of the methodology by which such a reorganization is to take place – such strategies can include out-of-court workouts, chapter 11 filings which are prepackaged or prenegotiated with the distressed client’s numerous constituents, straightforward chapter 11 filings in which negotiations with the client’s constituents begin at the time of the filing so that the client may emerge as a successful going concern, or court-approved sales of all or a portion of the client’s assets with the blessing of the bankruptcy court.

Once a strategy has been adopted, our attorneys will be immediately deployed with regard to implementation.  During the course of both in-and-out of court workouts, our attorneys services will, as necessary, involve:

  • The identification of crucial creditor and equity bases that are integral to the client’s ability to survive and eventually thrive, and the engagement with such constituents in negotiations to garner their support of the client’s proposed reorganization.
  • The negotiation and drafting, where needed, of documents to infuse additional liquidity into the client, including bridge loans, DIP financing loans, and exit financing.
  • Ensuring the continued functioning of the client by working with management to retain employees and preserve morale through various incentivization programs.
  • Counsel to management and equity as to their fiduciary duties to the client.
  • Drafting of those documents which are key to the client’s emergence, such as the plan of reorganization and disclosure statement.
  • Resolution or litigation with constituents who may have objections with the client’s elected course of restructuring.

Our firm’s attorneys have been integrally involved in the following debtor engagements:

  • Counsel to the Debtor, Agrifos Fertilizer, LP (S.D. Tex.)
  • Counsel to the Debtor, Phytogen International (D. Wy.)
  • Counsel to the Debtor, Dow Corning Corp. (E.D. Mich.)
  • Counsel to the Debtor, Super Discount Markets Inc. (N.D. Ga.)
  • Counsel to the Debtor, Dee Howard Aircraft Maintenance (W.D. Tex.)
  • Counsel to the Debtor, Genometrix, Inc (S.D. Tex.)
  • Counsel to the Debtor, WBO Enterprises, LP (N.D. Tex.)