Bankruptcy and Creditors' Rights

Lewis Roca delivers the creativity and sound judgment clients need to overcome their toughest financial challenges, from creating and implementing practical recovery strategies for secured lenders and other creditors to protecting the interests of other key players such as debtors and trustees.

With the ability to call upon the firm’s full resources in corporate, finance, litigation, regulatory, and tax law to handle any issues that arise, we advise virtually all parties in complex restructuring transactions, including secured and unsecured creditors, committees, debtors, and trustees.  

Our veteran bankruptcy, litigation, and transactional lawyers have decades of experience successfully handling issues such as:

• Formal bankruptcy proceedings
• Loan restructuring
• Out-of-court workouts
• Special situation purchases of distressed assets

We pride ourselves on actively contributing to the industry and keeping up to date with the latest developments. In addition to holding senior leadership positions in the American College of Bankruptcy, our lawyers are frequent speakers before the American Bar Association and the National Conference of Bankruptcy Judges.

Creditors’ Rights

Our work for creditors and creditor committees centers on the protection of their rights throughout the bankruptcy process, ensuring that their business relationships are preserved and their secured claims are protected or paid promptly. We draw on our extensive knowledge of finance documentation, credit policies, and financial institution insolvency to secure the fullest recovery of our clients’ assets.

We are well-versed in the unique needs and perspectives of each constituent type. For lenders and borrowers, we assist in resolving loan problems, including defaults, workouts, repossession, foreclosure, and receivership. Unsecured creditors – including trade creditors, landlords, and lessors – turn to us for advocacy in a bankruptcy or workout. We work with debtors, trustees, and secured creditors to maximize realization of assets from reorganization or liquidation with the minimum amount of administrative expense.

If litigation is necessary, we represent creditors in avoidance actions brought by debtors and trustees, including preference and fraudulent transfer claims. If a debtor files for bankruptcy, we advise creditors on developing the best strategy to protect their collateral. When a debtor faces default, we help clients renegotiate loan terms or enforce them to bring about a bankruptcy filing.

  

Bankruptcy Litigation

Clients rely on Lewis Roca for comprehensive assistance with bankruptcy litigation needs.

We regularly represent:

• Creditors, creditors’ committees, and trustees and bankruptcy estates in fraudulent conveyance and preference litigation
• The bankruptcy estate and defendants in deepening insolvency claims
• The bankruptcy estate and defendants in claims against directors, officers, and professionals relating to the business failure of the debtor

Our lawyers routinely achieve optimal outcomes in state and federal courts for actions involving:

• Breach of contract
• Commercial loans
• Equipment leasing
• Guaranty and collection of domestic and foreign judgments
• Judicial foreclosure
• Landlord-tenant
• Lien enforcement
• Receivership
• Replevin

Creditors with interests at risk in bankruptcy depend on our help with all issues governed by the Uniform Commercial Code, such as sales, secured transactions, bank deposits, and commercial paper. Our lawyers also assist with these clients’ collection needs, including obtaining pre-judgment and post-judgment remedies.