Bankruptcy and Creditors’ Rights
Bankruptcy is a road filled with potholes. Whether you are a business in need of relief or a creditor hoping to avoid the short end of the stick, we can help. Let us put our experience to work to help you navigate the pitfalls. This isn’t our first time down this road and it’s not one you want to travel alone.
Although it sounds funny coming from bankruptcy lawyers, our practice starts with avoiding bankruptcy whenever possible. A negotiated workout is almost always better for all parties involved. Whether we’re on the debtor or creditor side, we strive to resolve a dispute without court intervention. Having experience on both sides has given us the full picture and gamut of options to seek a resolution.
But sometimes, despite best efforts, every business (and many individuals) will ultimately have to interact with a bankruptcy proceeding. It can be incredibly frustrating when a customer files bankruptcy and you get a notice that you can’t do anything to collect your debt. That doesn’t mean you’re out of luck. What that really means is that you can’t take any action outside of bankruptcy. You still have options, and we can work through them with you. Our initial advice may be that there likely isn’t any recovery at the end of the rainbow. More often than not, though, we can provide you with a course to a recovery. The situation can be more complex and pressing if a key vendor or supplier files for bankruptcy. We can develop strategies and plans to help you maneuver through these complications. What if you receive a Complaint saying that not only are you not going to get paid what you’re owed, but you also have to give money back as a preference? We’ve seen those claims; we’ve defended against those claims; and we’ve won. We can help you defend that or any other piece of litigation that comes out of bankruptcy.
On the other side, if your business has been impacted by forces beyond its control and can no longer function without relief from its obligations, we can help you restructure the business to allow it to continue and give you the opportunity to follow your dream. Or if it is time to move on to something else, we can help you wind up the business affairs in a way that respects the rights of all of the affected parties. We focus on the end game and try to get there as soon as possible with as little “lawyering” as possible. When you have to bring a dispute to the Court, we have the firepower to fight, but we don’t litigate for the sake of litigating.
It’s never a dull day in our practice, and there isn’t much we haven’t seen. And because we are national counsel to a number of clients, we do this all across the country. And hey, we’ve been waiting for that Hawaii case, so if that’s you, definitely give us a call.