Robinson+Cole’s Bankruptcy Group and creditors' rights team have a long history of helping banks and other financial institutions navigate reorganization cases, liquidations and insolvency proceedings of all types. The Group works extensively with a broad spectrum of leading lending institutions when they are in need of specialized debtor/creditor relations counsel, both in and out of court. We have extensive experience in Chapter 11 cases, receiverships, foreclosures, assignments for the benefit of creditors, and Article 9 sales.
Our Services and Our Team
Our lawyers have represented lenders having a stake in bankruptcy and state receivership cases, including the following:
• Secured and unsecured credits
• Debtor-in-possession (DIP) lenders
• CRE, C&I, and ABL lenders
We regularly litigate the following issues arising in bankruptcy and state insolvency proceedings:
• Relief from stay
• Cash collateral and DIP financing issues
• Proposed asset sales
• Administrative and other priority claim issues
• Dismissal and conversion of bankruptcy proceedings
In addition, we negotiate consensual plans, litigate contested plans and have experience proposing creditor plans, including through confirmation.
Because the restructuring and liquidation process can be contentious, with too many creditors striving for their share of too few assets, litigation is often necessary in insolvency proceedings. Our representation includes the following areas:
• Guaranty enforcement actions
• Lender liability litigation
• Preference and fraudulent transfer litigation
• Subordination actions
Creative Collection Strategies
Maximizing creditor recovery is as much about securing assets to pay our clients’ claims as establishing that money is due. Our lawyers develop effective and creative strategies to collect from guarantors or others that are potentially liable to our clients.
Mechanisms such as prejudgment remedies of attachment and garnishment, injunctive relief to freeze assets, asset discovery, and debtor examinations are all part of our strategy to see that our client’s claims are not rendered uncollectable through the dissipation of assets.