Bankruptcy & Restructuring

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Helping you manage short-term challenges to maximize long-term opportunities.

Harris Bricken’s Financial Restructuring team applies deep knowledge of local laws and business and regulatory environments to a complex area of the law, resolving complex multi-jurisdictional restructurings, recoveries and insolvencies to our clients’ best advantage.

Especially in these volatile times it is vital to stay out in front of potential business obstacles such as supply chain disruption or dramatic changes in operating conditions, maintaining financial flexibility and managing short-term challenges to maximize long-term opportunities.

As a leading provider of cross-border legal solutions globally, we have deep experience not only representing U.S. firms overseas, but also representing firms from Europe, Latin America and the Asia-Pacific region in bankruptcy proceedings and insolvency litigation in the United States.

Our Financial Restructuring lawyers expertly meld their experience in various jurisdictions (e.g. China, Vietnam, Thailand, Spain, Mexico, Brazil, and the United States) with legal practices that often prove relevant in financial restructurings (e.g., intellectual property, real estate or manufacturing law), to pursue the strongest legal strategies for our clients.

We have represented a wide range of clients – including senior secured creditors, banks and financial institutions, special servicers, purchasers, private equity and hedge funds, lessors and landlords, and Fortune 500 debtors – in every aspect of bankruptcy proceedings and insolvency litigation, from first day motions through plan confirmation, as well as appeals of adverse decisions. We have also assisted clients with purchasing assets out of bankruptcy estates – including the purchases of a powerplant and large real estate projects.

In addition to bankruptcy, we have been involved in hundreds of receivership actions. We have represented secured creditors, receivers and other interested parties across a variety of insolvent asset classes, including hotels and luxury resorts, restaurant chains and franchises, gas stations and c-stores, medical device companies, computer re-distributors, energy and power plants, as well as office buildings and strip malls.

Also, we have assisted clients in the structuring of securitizations and pre-securitized loans, including providing non-consolidation opinions, true sale opinions and other opinion work.

In approaching financial restructuring challenges on behalf of our clients, Harris Bricken draws on our deep multi-jurisdictional knowledge of bankruptcy law, tax law, international law, corporate law and regulatory law. Our advice takes into account all these elements, as well as our deep knowledge of local business and regulatory environments, as we develop strategic cost-effective winning solutions for our clients.

Some of our representative engagements include:

  • Debtors’ counsel for a Fortune 500 company that resulted in 100% payment plan
  • Senior secured creditor’s counsel for two luxury hotels where creditor was owed over $300 million
  • Senior secured creditor’s counsel for an office building where creditor was owed approximately $30 million
  • Lead counsel to financial institution for a package of defaulted loans valued over $50 million
  • Lead counsel to financial institution in multi-state federal receivership matter
  • Lead counsel for purchaser of a power plant out of a bankruptcy estate
  • Lead counsel for purchaser of two hallmark condominium buildings out of several bankruptcy estates
  • Counsel for creditors in a medical device company bankruptcy where creditors confirmed a reorganization plan
  • Special regulatory counsel to a Durable Medical Equipment company in Chapter 11 proceedings
  • Lead counsel to major Wall Street bank in a highly contested receivership matter where bank owed over $20 million
  • Lead counsel to a bank in a hotel receivership and bankruptcy case
  • Lead counsel to bank in a gas station/c-store bankruptcy matter, where bank paid 100% of pre-petition plus attorneys’ fees and interest
  • Litigated over 375 preference actions, with some ranging into the hundreds of millions of dollars in exposure
  • Counsel to an international monetary fund owed over $50 million for fraud and embezzlement by an insider
  • Counsel to international bank owed over $20 million for fraud by a client
  • National bankruptcy and litigation counsel to one of the largest financial institutions in the world; handled hundreds of litigation and bankruptcy matters
  • Represented almost every large national bank in bankruptcy, receivership and defaulted loan proceedings
  • Represented most of the largest special servicers in bankruptcy proceedings
  • Prepared and negotiated hundreds of settlement and forbearance agreements, including extremely complex agreements
  • Represented clients in appeals of adverse bankruptcy decisions in United States District Courts and Ninth Circuit Court of Appeals