Understanding and Guidance

BANKRUPTCY / FINANCIAL RESTRUCTURING

Financial distress is an unavoidable fixture in today’s business landscape.  Whether you are a creditor with a stake in a bankruptcy matter, a company experiencing its own financial stress, or an investor looking for opportunities to make an acquisition from a distressed situation, FBFK is uniquely prepared to offer you counsel to navigate all insolvency-related challenges and opportunities. We take a multidisciplinary approach to bankruptcy, financial restructuring and creditors’ rights, collaborating as needed with firm attorneys in a variety of disciplines – corporate, finance, real estate, employment, and litigation – to provide you with the most cost-efficient, expert solutions to your challenges.

 

Our Areas of Focus

  • Representation of creditors, debtors, committees, and other parties-in-interest in Chapter 7 (liquidation) and Chapter 11 (reorganization) cases
  • Out-of-court restructuring and workouts
  • Distressed asset purchases
  • Transactional advice related to bankruptcy, out-of-court restructurings, and other creditors’ rights issues
  • Bankruptcy litigation, including prosecuting and defending preference and fraudulent transfer claims and objections to claims

 

Our attorneys provide experienced guidance in assessing all stakeholder interests in distressed situations to maximize value and recoveries. While a consensual resolution is always the desired outcome, we realize it is not possible that in every case. In such instances, our attorneys are well-prepared to litigate and have substantial litigation experience in contested matters and adversary proceedings in bankruptcy courts, federal district courts, and federal appellate courts.

Contact a member of our firm’s bankruptcy team today by phone or email to discuss how we can best assist you to work through the complexities, options and opportunities accompanying financial distress.

Rachael L. Smiley

Rachael L. Smiley

Attorney / Shareholder

Rachael brings more than 10 years of legal experience to FBFK, with expertise in all steps of the chapter 11 reorganization process, including asset sales, plan confirmation, and post-confirmation plan administration.

Leighton Aiken

Leighton Aiken

Attorney / Shareholder

Leighton focuses on complex commercial/business litigation, with an emphasis on business torts, contract disputes, securities fraud, restrictive covenant and trade secret litigation, False Claims Act investigations and litigation, healthcare (with an emphasis in long term care), partnership and shareholder disputes, employer rights, and creditor rights in bankruptcy proceedings.

Dana Campbell

Dana Campbell

Attorney / Shareholder

Dana’s practice focuses on commercial litigation, with emphasis on business torts, corporate governance, franchising and licensing, commercial leases, and other contract disputes.

John O'Connor

John O'Connor

Attorney / Shareholder

John focuses his litigation practice on resolving complex commercial disputes across a broad spectrum of industries and has significant involvement representing clients in the financial industry. He has particular experience with securities actions, fraud and bad faith litigation, class actions, corporate and contractual disputes, False Claims Act/Qui Tam litigation, and technology litigation.