Hirschler Fleischer Bankruptcy, Workouts and Creditor's Group represents regional and national clients in federal and state courts across the United States. Bankruptcy work is the focal point of the firm's bankruptcy and creditors' rights practice. The team represents debtors, creditors, committees, and trustees in Chapter 11 cases across many different industries and specialties. Other significant representations include lenders, bank groups, franchisors, landlords, services and goods providers, secured and unsecured creditors, indenture trustees, Chapter 11 trustees, and parties seeking to use bankruptcy as a merger and acquisition vehicle.

Working closely with its real estate and corporate teams, the bankruptcy and creditors' rights team has handled out-of-court workouts and financial restructurings of all types. The team has played lead roles in restructuring of large revolving asset-based loans and real estate term loans.

The team has a substantial trial experience in nearly all types of creditors' rights, Uniform Commercial Code, construction, and other commercial litigation, including landlord-tenant matters, bank deposits and collections, bulk sales, enforcement of letter of credit, swaps, repos and other financial instruments, seizures of collateral, attachments, injunctions, mechanic's lien, garnishments, and levies. In addition to handling commercial loan and securities enforcement work, the team regularly defends clients in loan-related litigation, including mortgage and consumer finance cases and all manner of lender liability cases. The team also has experience in the collection of large judgments, particulary when it has required the institution of piercing the corporate veil, fraudulent conveyance, receivership, and similar litigation.

Examples of their work include:

  • Bankruptcy proceedings, whether liquidations or reorganizaitons, involving individuals, partnerships, and corporations, including obtaining relief from the automatic stay;
  • Debt and equity restructurings;
  • Re-collateralizations and cross-collateralizations;
  • Suits against borrowers and guarantors and enforcement of local and foreign judgments;
  • Use of turn-around specialists and venture capital;
  • Foreclosures, deeds in lieu of foreclosure, and recovery of rents and other income;
  • Appointments of receivers; and
  • Recovery, repossession, and liquidation of collateral such as inventory, accounts, stock, negotiable instruments, and other personal property through public or private sale.