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Bankruptcy, Reorganization and Creditors’ Rights

Contact:  Robert Kolodney

"With a depth of understanding regarding the complexities presented by distressed situations, we offer clients a multidisciplinary, comprehensive approach in the strategic determination of the client’s best course of action."

The Kane Kessler Bankruptcy, Reorganization and Creditors' Rights group regularly advises debtors, secured and unsecured creditors, purchasers of assets, trustees, and domestic and international companies in all types of restructuring and insolvency matters both in and out of court.

We bring together the insight and experience of firm attorneys practicing in complementary legal areas such as commercial law, corporate law, litigation, real estate law, intellectual property law as well as tax and business law.

Among the services we offer clients are:

  • Collecting assets
  • Liquidating claims
  • Recovering pledged collateral
  • Prosecuting claims
  • Defending creditors
  • Negotiating with creditors
  • Advocating in Chapter 11 court proceedings
  • Representation in out-of-court compositions
  • Representation in liquidations
  • Representation in bankruptcy court for all types of bankruptcy related matters, including preference claims, fraudulent conveyance claims, relief from automatic stay, cash collateral litigation

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Debtor Representation

Each troubled business presents its own unique challenges and issues.  At Kane Kessler, we assist our clients in the development of practical strategies to preserve the value of their companies and address the challenges threatening their going concern. We evaluate the company’s assets, explore the organizational and debt restructuring options, and make recommendations to our clients with respect to out of court workouts and bankruptcy options.
The services we offer debtors include:

  • Creditor and equity constituency negotiations
  • Effectuating asset sales directed at raising necessary funds for the company’s reorganization while preserving the company’s core business
  • Guiding clients from commencement of a bankruptcy filing through to plan confirmation

Creditor Representation

We represent creditors such as vendors, landlords, financial institutions, bondholders and other parties in interest across a wide range of industries. Our goal is to maximize creditor recoveries through a combination of negotiation and courtroom advocacy. The attorneys in the Bankruptcy, Reorganization and Creditors' Rights group have the expertise and insight required to help clients reach this goal.

Distressed Investors

Financial distress presents unique opportunities for clients seeking investment and acquisition opportunities, including hedge funds and private equity funds.  Our attorneys assist such clients in evaluating potential opportunities as well as structuring, negotiating and documenting the transaction.