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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