Bankruptcy and insolvency issues — whether they arise in connection with the initial documentation of a loan, the purchase or sale of assets, as a component of business or corporate restructuring or as a defensive measure to the collection of indebtedness or enforcement of remedies in defaulted credit relationships — present complex legal and practical issues requiring thoughtful, informed analysis and well-formulated strategic planning. Decisions must be made and implemented quickly to protect the interests of clients grappling with unexpected hurdles in their business plans. The current tightening of credit and shrinkage of available equity have created a fertile ground for the growth of insolvency issues in unprecedented numbers. The Bankruptcy and Restructuring group provides experienced and capable assistance to clients and offers a bridge across the turbulent waters of insolvency to a firmer and more stable financial ground.
Spadea Lignana’s Bankruptcy and Restructuring group represents debtors and creditors (including banks, special servicers and other secured lenders, trade creditors, judgment creditors and creditors’ committees) in bankruptcy matters and work-out situations. Further, the Bankruptcy and Restructuring group has significant experience representing distressed debt and real estate investors in loan workouts, foreclosures, receiverships, deficiency suits, and Chapter 11 bankruptcy proceedings. The firm also represents borrowers in debt restructurings and workouts, and debtors in complex bankruptcy and insolvency proceedings on a select basis. Our bankruptcy practitioners have extensive experience before bankruptcy judges throughout New Jersey and Pennsylvania. The firm represents creditors in bankruptcy proceedings and workout situations across a wide expanse of industries: single-asset real estate holdings, multi-family housing, hotels, and manufacturing concerns (including addressing the interplay between environmental and bankruptcy law); accounts receivable and inventory financing, and retail operations, among others. In any engagement, our attorneys protect the interests of our client in every aspect of the representation, whether through negotiation, documentation, litigation or general advocacy.
Spadea Lignana also handles bankruptcy litigation, the filing of claims, the negotiation of post-petition financing agreements and plans of reorganization, the defense of preference and fraudulent conveyance claims, the sale of assets through § 363 sales and plans, and the pursuit of all other avenues available to protect and preserve the creditor’s rights in a bankruptcy proceeding. The firm’s Bankruptcy and Restructuring group also devotes substantial efforts to negotiating, documenting and enforcing non-bankruptcy workout arrangements and repayment plans, and interacts with other practice groups to lend bankruptcy-related expertise, as needed, to the structuring and documentation of loans, acquisitions, and other corporate transactions.