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Lean, efficient and cost effective work translates into value and satisfaction for clients of the Buchalter Nemer Insolvency and Financial Solutions Practice Group. The Group has had a comprehensive national practice for six decades that has successfully represented clients through complex proceedings in all economic climates.
Trusted by the nation’s largest banks and other financial institutions, we combine strategic legal protections with keen industry intelligence to deliver superlative results.
In financial reorganization proceedings, we are known for cost-effective, timely and practical solutions that create business value and integrity, as well as legal security.
We attribute the success of our practice to the depth of our knowledge and breadth of experience across industries, among them, agricultural, apparel, entertainment, healthcare, manufacturing, hospitality, retail, technology, transportation, communications and equipment leasing.
The cornerstone of our practice is our representation of regional and national banks and financial institutions acting as pre- and post-petition lenders, personal and real property lessors and secured creditors.
Nationwide, we have documented billions of dollars in debtor in-possession financing and cash collateral agreements for both publicly-held and privately-held companies.
Lender clients with troubled loans turn to us for our experience in defending threats against senior and subordinate secured status, secret liens, environmental liability, disputes with the borrower’s third party creditors, use of the borrower’s premises and inventory, and equipment and intellectual property concerns.
We leverage our business strengths and first-hand knowledge of the underlying industries involved to arrange DIP financing on terms that strengthen the lenders’ strategic position to maximize the lender’s recovery. Our successes include recovery, repossession and liquidation of collateral (including difficult collateral such as rolling stock, ships, aircraft and intellectual property). We also counsel on debt workout, restructuring, renegotiations and redocumentations in and out of bankruptcy proceedings. We closely coordinate efforts with workout and turnaround consultants and specialists as needed to achieve maximum recovery for our clients.
Representative Transactions
Bankruptcy (Chapters 7, 9, 11 and 13)
Debtor in Possession Financing
Relief from Stay
Cash Collateral Issues
Plans of Reorganization
Exit Financing
Voidable Transfer Defense (Fraudulent and Preferential Transfers)
363 Sales/365 Assignments
Executory Contracts and Leases
Claim Disputes
Nondischargeability
Property Turnover
Lien Avoidance Defense
Professionals Employment
Letters of Credit
Committee Representation
Select Debtor Representation
Workouts and Restructurings (Corporate and Debt)
Notices of Default and Post Default Negotiations
Forbearance Agreements
Recapitalization Arrangements
Turnaround Plans
Debt/Equity Transactions
Secured Creditor Rights and Remedies
Article 9 Rights and Remedies
Repossessions/Foreclosures
Liquidations and Auctions
Acceptance of Collateral
Assignment for the Benefit of Creditors
Reclamation and Seller Rights
Intercreditor Issues
Strategic Transactions (Structure and Financing)
Asset Acquisitions (Private Sales, 363 Sales, Foreclosure Sales, Short/Discount Sales)
Debt Acquisitions (Distressed and Defaulted Debt)
Leveraged Buyouts
Debt/Equity Exchanges
Transition and Servicing Agreements
Special Licensing Issues (Commercial Finance, Auto Dealer)
Bankruptcy Mitigation (Bankruptcy Remote Vehicles, Letters of Credit/Security Deposits)
Subpractice Group
Covered Bonds
Entertainment
Restaurant and Hospitality Practice Group |
