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Bankruptcy & Creditors’ Rights

OVERVIEW

A&S Jurisprudentia Ltd’s bankruptcy lawyers and creditors’ rights attorneys have extensive experience in federal bankruptcy and state receivership proceedings, out-of-court restructurings and wind-downs, and commercial litigation. We offer a full range of services to all stakeholders in distressed business scenarios, including secured and unsecured creditors, creditors’ committees, debtors, trustees, liquidating supervisors, venture capital firms, private equity and hedge funds, and other investors.

Our Bankruptcy and Creditor Rights law practice also includes representation of foreign sovereign governments, foreign government-owned businesses, and foreign pension funds when their interests are implicated in a bankruptcy or insolvency matter, or in a related commercial dispute.

Our bankruptcy and creditors’ rights lawyers are equally skilled in the arts of war and diplomacy. Our team includes experienced litigators who regularly try complex insolvency-related and other business cases in federal and state courts. At the same time, we have the negotiation and transactional skills necessary to reach and close deals in difficult, often time-constrained circumstances.

In Chapter 11 cases, our business bankruptcy lawyers have helped corporate debtors in the healthcare, high technology, manufacturing, real estate, retail, and communications industries, among other sectors, to re-organize and emerge as productive entities by placing an emphasis on finding creative and cost-effective solutions to their problems, including introductions to potential financing sources, equity partners, and buyers. Chapter 11 representation often requires a multi-disciplinary approach, so our bankruptcy lawyers frequently team with their colleagues who specialize in other areas of practice, such as corporate, mergers and acquisitions, tax, securities, intellectual property, labor and employment, real estate, and environmental law.

In our representations of creditors’ committees, we provide intensive analyses of the debtors’ financial prospects, with the goal of negotiating a feasible and realistic plan of reorganization.  A&S Jurisprudentia Ltd’s work as committee counsel has repeatedly resulted in successful plans of reorganization or liquidation that paid unsecured creditors dividends significantly in excess of expectations.

As counsel for creditors’ committees and liquidating trustees, we have employed our litigation expertise to prosecute adversary proceedings involving fraudulent transfer and other avoidance claims; claims against officers, directors and other insiders for breaches of fiduciary duty; claims against financial institutions; and claims against professional service firms that rendered services to the debtor. We have successfully litigated these cases to obtain settlements and judgments that have maximized distributions to creditors.

A&S Jurisprudentia Ltd provides bankruptcy and creditor legal services to parties interested in purchasing assets from, making investments in, or obtaining control of financially troubled entities. We have assisted clients in successful section 363 auctions and sales, as well as investments through plans of reorganization.

In the high-technology context, many of our clients express concern about the financial viability of entities involved in intellectual property and other licensing transactions. We analyze the risks inherent in such situations and assist our clients in negotiating licenses and other agreements that will fully protect their rights in the event of a bankruptcy by the other party. When necessary, we will aggressively seek to protect our clients’ intellectual property rights in contested proceedings.

To avoid the transaction costs that would otherwise be incurred in court proceedings, the firm has represented secured creditors in negotiating and documenting forbearance agreements and loan modifications. We have a special sensitivity to avoiding equitable subordination, or other bankruptcy avoidance actions, having litigated many such claims. We have a track record of fashioning creative solutions for even the most problematic defaulted loans, including workouts involving deeds-in-lieu-of-foreclosure, cash-flow mortgages, and equity participations.

Our Bankruptcy and Creditor law practice has a wide reach. We have appeared in bankruptcy courts in Massachusetts, Delaware, New York, California, Maine, New Hampshire, Vermont, Rhode Island, Florida, Tennessee, Texas, and Ohio.