With sophisticated legal, turnaround and business acumen, Olshan’s Bankruptcy & Financial Restructuring Group successfully steers clients through the complex landscape of insolvency, bankruptcy and restructurings to achieve successful outcomes in and out of court.
Our bankruptcy and restructuring attorneys offer clients incredible know-how, capabilities, ingenuity and incisive counsel. We develop and help implement value-maximizing strategies for troubled companies, committees, lenders, investors, landlords and vendors best suited to each client’s business objectives. We explore every available option from out-of-court solutions to bankruptcy court resolution.
Debt Restructuring
When facing market uncertainty or challenging economic cycles, troubled companies rely on us for guidance in effectively managing their financial obligations through debt restructurings. We also negotiate exchange offers, advise on capital-raising activities and pursue lender agreement and similar debt restructuring and new money transactional modifications.
Distressed Investing
Our firm represents numerous hedge funds, private equity funds and other investors in distressed investing, debtor-in-possession (DIP) lending and distressed M&A transactions, including Article 9 sales, foreclosures and Section 363 sales.
Drawing on our deep market knowledge and experience in business reorganization, finance and corporate and tax law, our Distressed Investing Group attorneys counsel clients in buying and selling distressed debt, advising on due diligence, testing investment theses and trading issues. We help clients maximize the value of their investments and reduce the risk, cost and time associated with distressed investments.
With clarity and perspective gained from years of bankruptcy and restructuring experience, our attorneys swiftly and accurately assess distressed investing situations, evaluate the risks and opportunities and navigate the often-complex rules that characterize bankruptcy cases, foreclosures, UCC sales, liquidations, Section 363 sales, reorganization plans, receiverships and other scenarios involving the disposition of distressed assets.
Bankruptcy Litigation
In addition to handling out-of-court reorganizations and debt restructurings, our Bankruptcy Litigation attorneys have extensive experience representing clients in complex, bankruptcy-related litigation, including fraudulent conveyance, director and officer liability and preference claims, as well as the many commercial matters that arise in insolvency proceedings and financially distressed business situations.
Foreign Insolvency
Our bankruptcy attorneys also are highly experienced in representing international parties in connection with U.S. bankruptcy processes, whether through Chapter 11 or Chapter 15 recognition of foreign insolvency proceedings.
- PLx Pharma Inc., et al. As lead counsel to Chapter 11 debtors, conducted successful Chapter 11 Section 363 sale of a going-concern business including its two widely marketed over-the-counter pharmaceuticals.
- Washington Prime Group, Inc., et al. Represented the ad hoc committee of preferred shareholders in settlement of a multibillion-dollar Chapter 11 restructuring of a REIT following objections to a proposed sale process and rights offering. Winner of 14th Annual Turnaround Atlas Awards Chapter 11 Restructuring of the Year.
- Tribune Company et al. Represented Step One Credit Agreement Lenders in complex Chapter 11 proceedings. Assisted the client in filing a competing Chapter 11 plan of reorganization and multiparty mediation process that led to the successful emergence of the business and enhanced our clients’ recoveries.
- Novation Companies, Inc., et al. Lead counsel to Chapter 11 debtors in the successful reorganization of residential mortgage back securities originator and servicer. Winner of the M&A Advisor 2017 Distressed M&A Deal of the Year.
- Sugarfina, Inc., et al. Represented the successful buyer in the contested Chapter 11 Section 363 sale of a going-concern business.
- F&H Acquisition Corp. et al. Represented Chapter 11 debtors in the successful restructuring of the Fox and Hound, Bailey’s Sports Grille and Chammps national restaurant chains.
