Businesses confronting the possibility of insolvency face a unique mix of legal, business, financial, and human relations challenges. Robinson+Cole has worked extensively on these issues for regional, national, and international clients, including banks and other financial institutions, individual lenders, syndicated lending groups, institutional investors, including hedge and private equity funds, acquirers of assets from financially distressed companies, real estate and equipment lessors, and other parties in need of specialized debtor-creditor relations counsel.
Our insolvency and creditors rights practice includes lead lender, secured creditor, and major vendor representation; insolvency acquisition advice and representation; defense against bankruptcy preference, fraudulent transfer, subordination, and other avoidance claims; foreclosures; the development and negotiation of out-of-court and Chapter 11 workouts, restructure, and reorganization plans; lender liability litigation; and representation on matters arising out of loan participations, intercreditor agreements, lender conduct, executory contracts, license and franchise agreements, distributorship agreements, and commitment letters.
Members of our group work with lawyers in our other firm practice groups to assure the high quality advice needed in complex insolvency-related matters. We draw on Robinson+Cole's vast experience in financial services, finance, mergers and acquisitions, private equity, hedge funds, litigation, finance and real estate, financial regulation, and tax law. Applying our collective skills and backgrounds enables us to provide seamless cross-disciplinary representation in any bankruptcy, restructuring or reorganization situation, whether in our out of court. Additionally, our lawyers have extensive working relationships with crisis managers, financial advisors, and other insolvency professionals to enhance our clients' primary objective of maximizing value in the most efficient manner possible.
Represented foreign liquidator of overseas banks in litigation to recover more than $140 million in U.S. assets seized by the New York superintendent of banks. To recover the seized funds for distribution in liquidation proceedings in Belgrade, we filed an ancillary proceeding under the United States Bankruptcy Code in the Bankruptcy Court for the Southern District of New York. The litigation included successful appeals to the District Court and the United States Court of Appeals for the Second Circuit. Following remand, the litigation settled on advantageous terms. We defeated subsequent collateral attacks on the settlement in New York State Supreme Court and the Appellate Division.
Represented creditors in some of the largest bankruptcy cases throughout the United States, including Lehman Brothers, Chrysler, Lyondell Chemical, Enron, WorldCom, Adelphia, Toys “R” Us, RadioShack, Rue21, Answers Holdings, and US Airways I and II.
Represented financiers, who provided venture capital to a marketing company, in successfully moving to convert the marketing company’s bankruptcy case from a Chapter 11 reorganization to a Chapter 7 liquidation and in foreclosing on collateral, including the debtor's intellectual property. Representation included extensive discovery and briefing, culminating in a successful trial in the Bankruptcy Court in the Southern District of New York.
Represented a lender in a $4.5 million foreclosure claim in which the defendant counterclaimed for $18 million in damages sounding in lender liability. The matter was contested over the last three years and settled on the eve of trial. Multiple motions were drafted and argued before the court, including summary judgment.