Bankruptcy & Corporate Restructuring

Our bankruptcy and corporate restructuring attorneys assist financially troubled companies and explore all available options to achieve comprehensive and cost-effective corporate restructuring solutions. Our team is well-versed in handling all aspects of bankruptcy, including representing debtors, creditors’ committees, individual and institutional stakeholders, landlords, trade creditors, vendors and trustees in Chapter 11 and Chapter 7 proceedings.

We work closely to analyze each client’s specific circumstances and craft the most appropriate and effective course of action that fits their short- and long-term goals.

Our knowledgeable team assists with corporate restructuring, Chapter 11 reorganizations, Chapter 7 liquidations, purchase and sale of distressed assets and debts, landlord representation, liquidation, bankruptcy litigation, and more.

We also advise corporate clients that are affected by Chapter 7 and Chapter 11 bankruptcy filings of other businesses, often handling preference and fraudulent transfer actions, and guiding creditors with claims in corporate restructuring and purchasers in section 363 sales.

Our goal is to work diligently and creatively to ensure that every asset lands in the correct hands, while helping to restructure businesses with a focused strategy and improved efficiency. We seek to achieve maximum fund recovery for secured and unsecured creditors while commanding the greatest value for business asset investment.

Bankruptcy Litigation

Bankruptcy proceedings tend to move quickly and litigation often ensues. Our expert legal team at A.Y. Strauss regularly handles all types of bankruptcy litigation, including preference and fraudulent transfer actions. We are well versed in all facets of restructuring matters and the litigation that typically arises as a result.

The bankruptcy attorneys at A.Y. Strauss are expertly qualified in handling all types of disputes – whether between debtor and creditors, debtor and trustees, or trustees and creditors – including:
• Fraudulent transfer and preference actions
• Dischargeability of debts
• General discharge
• Claims litigation
• Automatic stay
• Discharge injunction violations
• Exemptions

Corporate Restructuring

Downturns in the economy can lead to financial troubles so substantial that they completely immobilize businesses of all sizes and across all industries. In cases like these, corporate restructuring can significantly modify the framework or operations of the company, ultimately resulting in greater efficiency and improved profitability.

At A.Y. Strauss, our attorneys assist financially troubled companies in exploring all options to achieve a comprehensive and cost-effective corporate restructuring solution. Our attorneys work closely with our clients to assist in determining what course of action – such as bankruptcy, downsizing, or a spin-off – will get them back on track financially and will continue to further their short-term and long-term goals.

Our firm regularly represents debtors in connection with:
• Asset sales
• Balance sheet restructuring
• Debtor-in-possession financing
• Debt restructuring
• Workouts
• Other financing

Creditor Representation

Being owed money – with no promise of repayment in sight – is a helpless position to be in. Fortunately, in cases of bankruptcy, creditors do have certain rights.

A.Y. Strauss routinely represents individuals and businesses who are owed money by debtors, working to maximize the potential return to our clients. Our team of bankruptcy attorneys assists both unsecured and secured creditors in preserving and enforcing their rights and claims against bankruptcy estates in even the most complex financial restructurings.

We represent, landlords, trade creditors, institutional lenders and other vendors in the following matters:
• Non-judicial foreclosures
• Owner financed loans
• Preference claim defense
• Lift stay motions
• Automatic stay violation defense
• Chapter 11 and Chapter 13 plan objections
• Discharge contests
• Valuation disputes

Section 363 Sales

Thousands of businesses struggle financially and ultimately file for bankruptcy each year – some strategically and others out of desperation. While bankruptcy is unfortunate under any circumstances, it does provide a window of opportunity for other businesses to purchase the distressed company’s assets, opening up a dynamic opportunity for buyers to purchase assets at bargain prices while helping the debtor fulfill their fiduciary duties to their creditors. These transactions, commonly referred to as Section 363 sales, when conducted properly can benefit all major parties in a bankruptcy case.

At A.Y. Strauss, our team of bankruptcy attorneys is well versed in all aspects of Section 363 and distressed asset sales. We represent parties who are interested in making strategic or financial acquisitions of assets from bankruptcy estates, whether via Section 363 or through a confirmed plan of reorganization.

We counsel our clients through all aspects of the Section 363 process, including:
• Negotiation of purchase agreements
• Bidding procedures
• Stalking horse bidder protections
• Auction participation
• Representation at court hearings to approve bid protections and asset sales

Bankruptcy

Facing the prospect of insolvency and/or bankruptcy can be gut-wrenching and life changing. Choosing from the various financial restructuring options becomes the next critical decision: Does a debtor reorganize or liquidate? Would a business be better off in an in-court or out-of-court reorganization or liquidation? If you are a creditor of such a company, what steps should you take when dealing with a bankruptor insolvent debtor? How does a creditor protect itself?

A.Y. Strauss’s bankruptcy and creditors’ rights attorneys will assess your situation and help guide you to the settlement that best fits your future, your business’ short- and long-term goals, or your operation’s debt recovery needs.

Our accomplished team of attorneys have extensive experience serving your bankruptcy needs including:
• Corporate restructuring
• Out-of-court workouts
• Chapter 11 reorganizations
• Chapter 7 liquidations
• Section 363 sales
• Purchase/sale of distressed assets and debts
• Secured Lending transactions
• Landlord representation
• Liquidation/insolvency matters
• Assignment for the Benefit of Creditors
• Bankruptcy litigation
• Creditor representations