In today’s uncertain economy, businesses in all industries are facing challenges which threaten their financial stability, or the financial stability of their customers and/or vendors. Lowenstein Sandler’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department is widely regarded as a national leader, advising companies during turbulent periods with a proven track record of successful reorganizations and workouts across a wide spectrum of industries.
As a crucial advisor to numerous Fortune 500 companies, our attorneys have been involved in many of the nation’s largest Chapter 11 cases, out-of-court workouts and financial restructurings. We maintain a national profile through our representation of unsecured creditors’ committees, as well as individual secured and unsecured creditors. Lowenstein Sandler’s bankruptcy practice and its leaders are top-ranked in the 2015 edition of the Chambers USA guide, and we are consistently ranked among the most active bankruptcy departments in the nation by The Deal.
Our representation spans across various industries, including energy, chemical, healthcare, technology, media and telecommunications, municipal, manufacturing, retail, food, paper and publishing,. We counsel a diverse group of creditors’ committees, including bondholders, financial institutions, trade vendors and various labor unions. Our attorneys leverage years of experience and a comprehensive knowledge of bankruptcy law to reach consensus among constituencies dealing with critical issues in financial restructuring.
We also represent debtors in Chapter 11 cases; investors in or purchasers of assets, securities or obligations of companies in Chapter 11; and indenture trustees, public debt holders, and others in the restructuring of publicly held debt and equity securities.
Our ability to achieve results is enhanced by a strong network of relationships with the major investment banking and financial advisory firms that concentrate in the bankruptcy, reorganization and distressed-debt market. By taking aggressive positions in the face of significant opposition, we ensure that our clients receive fair value and equitable treatment.
Lowenstein Sandler’s services include auditing clients’ accounts receivable procedures to minimize exposure to bad debts and preference liability; enforcing clients’ rights to stop delivery of and reclaim goods that were shipped at or around the time of a bankruptcy filing; and defending preference actions and fraudulent conveyance nationwide. We have extensive knowledge of the law in each jurisdiction as it pertains to preference and fraudulent conveyance litigation and all available defenses. We have also assisted our clients’ credit departments in negotiating and preparing letters of credit, security, tolling, consignment and bailment agreements; offset agreements; sales of claims and put agreements; and other arrangements that increase the likelihood or extent of recovery on their claims, as well as credit insurance and put agreements. As part of these services, we have reviewed and advised our clients about the trade lien programs that are frequently being implemented in large retail bankruptcy cases.
We also have a demonstrated ability to litigate, when necessary, in the largest and most complex cases.
Our attorneys serve as leaders within industry organizations such as the American Bankruptcy Institute, Turnaround Management Association, Commercial Finance Association, International Energy Credit Association and National Association of Credit Management. We publish and lecture extensively throughout the country on bankruptcy and creditors’ rights issues.