Bankruptcy and Creditors’ Rights practice assists both secured and unsecured creditors in all aspects of a bankruptcy case. Our representation of secured creditors includes lending institutions, captive finance companies, mortgagees, asset-based lenders, insurers, landlords, suppliers, vendors, as well as unsecured creditors. We often assist with alternative out-of-court solutions to the bankruptcy forum during the pre-bankruptcy workout phase.
We have represented unsecured creditors sitting on creditor committees and protected their rights in the bankruptcy proceedings. Our representation of secured creditors in the bankruptcy forum includes cash collateral agreements, stay relief motions, preference actions, non-dischargeability issues, review and litigating the disclosure statement and plan of reorganization, developing and drafting a competing plan of reorganization, adversary actions and discovery. We strive to develop strategies to reach the maximum benefit from Chapter 11 proceedings.
Salichs Pou & Associates' workout and restructuring practice advises clients on steps to analyze and resolve the most difficult "now what" situations. Our attorneys offer skills in bankruptcy, restructuring, and litigation. They understand the legal issues, and the general business context of finance and construction projects.
We approach each assignment as unique: We analyze the pros and cons of all available options, and advise a client of the risks and rewards of each approach. We then execute the client's strategy, which may involve a negotiated restructuring, sale, bankruptcy, foreclosure, litigation or arbitration. We deal with lender liability concerns, balancing competing lender interests in participated loan transactions.
Protecting the interest of creditors/clients (secured and unsecured) in all aspects of Chapter 11, 13 or 7 cases including, among others:
- Reviewing/challenging disclosure statements and plans of reorganization
- Rejection or assumption/assignment of executory contract/lease issues
- Defending creditors in preference actions
- Defending challenges to the extent, priority and validity of secured claims
- Cash collateral issues
- Stay relief motions
- 363(b) sale issues
- Competing plans of reorganization
- Filing stay relief motions
- Challenging Chapter 13 confirmation orders and/or moving for conversion to Chapter 7 case
- Non-dischargeability issues
- Objection to discharge issues
- Reaffirmation issues