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Bankruptcy and 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, intelligent 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.

Our Bankruptcy and Restructuring Team

Representative Bankruptcy and Restructuring Matters



General
  • Represented a national real estate lender in strategies to address non-performing commercial and residential loans, both in and outside of bankruptcy
  • Represented the creditors committee in a successful chapter 11 reorganization of a major hospital association in New Mexico
  • Represented numerous small- and midsized businesses and landlords in successful out-of-court restructurings and workouts
  • Represented the Commonwealth of Pennsylvania in the chapter 11 reorganization of Think Finance, an online consumer lender alleged to have violated consumer lending laws
  • Represented a manufacturer of medical automated ventilators in a successful chapter 11 reorganization
  • Representing the Official Committee of Unsecured Creditors in the reorganization of an international manufacturer of toy and hobby-grade drones and related devices where the Committee was the successful plan proponent
  • Represented the Debtors in a complex hotel and restaurant chapter 11 reorganization in East Texas
  • Represented the Asbestos Claimants’ Committee in ASARCO, LLC’s bankruptcy
  • Represented the Future Claimants Representative in General Motors’ bankruptcy
  • Represented the chapter 11 trustee litigation related to the liquidation of assets of a real estate holding company that was determined to be a Ponzi-like scheme in order to return value to defrauded investors
  • Represented the senior secured lender in a Chapter 15 matter regarding the enforceability of Mexican corporation’s plan of reorganization against U.S. creditors
  • Represented the Office of the Commissioner of Baseball in Texas Rangers Baseball Partners’ bankruptcy
  • Represented a former equity holder in obtaining a “take nothing” judgement against a bank that alleged he had received a fraudulent conveyance of $550,000 for the redemption of his equity, as well as obtaining a full awarded of attorneys fees as a prevailing defendant under the Texas Uniform Fraudulent Transfers Act following a two-month trial in a multiyear complex commercial dispute
  • Represented creditors, including financial institutions and commercial landlords, in bankruptcy cases

News & Events

InfoWars and Sub V: Can Alex Jones’ Media Companies Use Small Business Reorganization to Curb Sandy Hook Defamation Liability?

InfoWars and Sub V: Can Alex Jones’ Media Companies Use Small Business Reorganization to Curb Sandy Hook Defamation Liability?

Last week, three media sites affiliated with InfoWars and Alex Jones (InfoW LLC, IWHealth LLC and Prison Planet TV LLC – together, InfoWars), recently filed for Chapter 11 bankruptcy protection in the Untied States Bankruptcy Court for the Southern District of Texas. Notably, the InfoWars debtors elected to proceed under Subchapter V of Chapter 11 of the Bankruptcy Code (Sub V) which provides for “Small Business Reorganization.” What is unique about this approach to Chapter 11 reorganization? More importantly, what does this mean in terms of how the InfoWars case may proceed in bankruptcy?

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