Bankruptcy, Insolvency, Reorganization and Creditor’s Rights - Milberg & De Phillips handles all aspects of bankruptcy, reorganizations and debt restructurings. We represent institutional lenders and other secured and unsecured creditors, unsecured creditor committees, debtors in possession, bankruptcy trustees, non-consumer debtors, state and federal court receivers, equity holders and parties in all types of litigation related to bankruptcy cases, such as fraudulent conveyance, preference and dischargeability litigation as well as related appeals. Such services include:
- Bankruptcy: Filing of bankruptcy petitions and proofs of claim, negotiating and responding to plans of reorganization, proposing and obtaining confirmation of creditors’ plans of reorganization, prosecuting and defending adversary proceedings, requesting the appointment of trustees, prosecuting and defending proceedings to recover fraudulent transfers and preferences, and otherwise engaging in motion and trial practice before the bankruptcy courts, bankruptcy appellate panels, the district courts and circuit courts of appeal.
- Creditors’ Rights and Workouts: Negotiating and documenting loan workouts on behalf of secured creditors and debtors, obtaining the appointment of federal and state court receivers, prosecuting judicial and non-judicial foreclosures, representing diverse parties in out-of-court bankruptcy alternatives such as common law assignments for the benefit of creditors and informal creditor compositions, as well as negotiating and documenting complex debt restructurings.
- Corporate: Negotiating and documenting transactions related to corporate restructurings, as well as traditional corporate matters to protect clients’ contractual rights and benefits in the event the other parties should become insolvent or face financial distress.
- Real Estate: Negotiating and documenting asset purchase agreements, leases and secured loans for lessors, lessees, lenders and borrowers in settings in which one of the parties is in financial distress. Prosecuting and defending foreclosure actions and other forced sales.