Bankruptcy Analysis, Workouts & Creditors rights
Elliott Greenleaf has extensive experience in representing creditors and debtors in private workouts and formal federal and state bankruptcy and insolvency proceedings, as well as a practical and pragmatic experience in debtor/creditor issues.
The firm has served as counsel for a variety of parties in matters under the Federal Bankruptcy Code and state laws relating to insolvency and the relief of debtors. We have represented debtors-in-possession, trustees, secured and unsecured creditors, and equity holders in bankruptcy proceedings, workouts, protective structuring of commercial transactions, and pre-bankruptcy planning. The firm represents public agencies pursuing legal and statutory claims against debtors and layered corporate guarantors. The firm also represents creditors and debtors in adversary proceedings. The firm regularly:
- Counsels debtors on the benefits and draw-backs to informal v. formal debt arrangements;
- Represents individuals, entrepreneurs and business entities under chapters 7, 11 and 13 of the Bankruptcy Code;
- Obtain appropriate court approvals for client management's continuing to operate troubled businesses through the reorganization process;
- File and defend preference and fraudulent conveyance/transfer avoidance actions under the Bankruptcy Code and state law;
- Negotiate and consummate asset sales to preserve estate value as a going concern and protect regional workforces;
- Prosecute and defend motions for relief from the automatic stay provisions of the Bankruptcy Code;
- Design and negotiate plans of liquidation and reorganization;
- Assist plan managers and trustees to consummate confirmed plans including distribution of dividends;
- Explore avenues of recovery for bankruptcy estates including insurance and litigation recoveries against debtors of bankrupt estates;
- Analyze and manage claim approval and objection programs;
- Serve as the primary representative of clients serving on Creditors Committees responsible for day-to-day contact with committee counsel and other members;
- Evaluating Debtor employment and compensation plans including proposed key employee retention , severance and bonus arrangements;
- Forensically analyze the financial effects of the bankruptcy on the ongoing contractual relationship between the debtor and healthcare clients, including issues relating to assumption, rejection and assignment of executory claims;
- Analyze the adequacy and merit of disclosure statements and plans of liquidation or reorganization;
- and analyze the classification, treatment and payment of claims as administrative or priority claims.
|