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Creative strategies for distressed situations: That's how Hinshaw helps.

Insolvency can present mission-critical challenges for companies, lenders, suppliers, business partners, and major customers. Given today's complex, deeply interconnected marketplace, a multidisciplinary approach is required to create and carry out effective solutions for distressed business situations.

Hinshaw can help. Our bankruptcy, restructuring, and workouts team commands a full range of restructuring capabilities. With substantive legal knowledge across an array of practice areas, including securities and finance, corporate governance, tax, employee benefits, real estate, and complex litigation, we provide sophisticated, business-driven advice and representation.

Properly recognized and managed, insolvency-related risks can be minimized and channeled to generate favorable business opportunities.

We regularly represent businesses, institutional lenders, nontraditional investors, equity funds, and other stakeholders in complex restructurings and commercial loan workouts, distressed acquisitions, and loan enforcement matters throughout the United States and abroad. Our transactional counselors and seasoned litigators—many of whom have deep, industry-specific experience―work together to formulate and deploy creative strategies focused on solving clients' problems.

Core Services

 
Bankruptcy Litigation and Creditors' Rights
 

Forceful and resourceful, our attorneys develop sophisticated strategies that deliver results. Coupled with in-depth, issue- and industry-specific knowledge, we handle the full spectrum of bankruptcy, creditors' rights, and insolvency matters.

We regularly counsel and represent secured and unsecured creditors and creditors' committees, bankruptcy trustees, banks and other institutional lenders, mortgage companies and servicers, nontraditional investors, equity funds, and lessors of commercial properties in the following areas, among others:

  • Debtor investigations and litigation
  • Chapter 7 planning and response strategies
  • Automatic stay litigation
  • Preference, fraudulent transfer, and avoidance litigation
  • Directors and officers (D&O) claims
  • Analysis and evaluation of proposed reorganization plans
  • Lien enforcement and judgment collection efforts
  • Claim objection and discharge matters
  • Formation of creditors' trusts and related issues
  • Contested matter disputes, including adversary proceedings, hardship hearings, and any evidentiary matters ancillary to Chapters 11 or 13 proceedings
  • Evaluation and protection of loss carry-forwards and other tax benefits
Bankruptcy Compliance
 

We regularly advise lender and servicer clients nationwide on a wide range of bankruptcy code compliance issues in connection with large consumer loan portfolios. Among other areas, our team has experience:

  • Preparing and implementing bankruptcy policies and procedures.
  • Drafting bankruptcy-compliant repossession notices.
  • Preparing messaging for online account access available to bankruptcy debtors.
  • Advising on bankruptcy accounting and escrow issues.
  • Credit reporting of bankruptcy debtors.
  • Defending against discharge and stay violation actions, on a standalone basis or as part of larger class action.

Working closely with business and legal stakeholders, we have developed internal and external protocols that allow clients to predictably comply with the intricacies of the Bankruptcy Code.

Business Restructuring
 

Our restructuring attorneys serve as trusted counsel for lenders, businesses, investors, owners, and other stakeholders as they navigate either their own or others' insolvency issues. Our counsel is business-driven and designed to help clients identify and create value while avoiding trap doors and unanticipated consequences.

We work with clients to develop a full range of restructuring and revitalization options, including:

  • Corporate governance and board strategies
  • Distressed acquisitions
  • Bankruptcy sale orders, contract assumption orders, and related bankruptcy sale documentation
  • Supply contracts, licenses, software and distribution agreements, and other contracts
  • Employee-retention plans, management compensation plans, and termination structures
  • Chapter 11 plans and plan-support agreements
  • Asset-purchase, consulting, and related agreements
  • Business restructuring and revitalization plans
  • Bidding procedures and auction processes
  • Small-business reorganizations
  • Capital-raising, acquisition and exit-financing arrangements, and private placements
  • Tax and business-succession planning

Our attorneys have been integrally involved in the confirmation of Chapter 11 plans in contested and uncontested proceedings, and successfully concluded out-of-court assignment proceedings and compositions.

Commercial Loan Workouts and Modifications
 

Our workout team includes attorneys well versed in bank and other creditor regulatory matters, loan documentation, foreclosures, Uniform Commercial Code (UCC) and other financial litigation, as well as tax and finance. Through our multidisciplinary approach, we cover the gamut of complex commercial loan workouts, restructurings, modifications, and enforcement matters.

We believe that, by partnering with one firm, our clients can address any legal issue attendant to a commercial loan or defaulted mortgage, including:

  • Forbearance and disposition agreements
  • Loan modifications, amendments, extensions, and waivers
  • Recapitalizations of distressed commercial financing relationships
  • Deeds in lieu of foreclosure
  • Debtor-in-possession financing
  • Commercial foreclosures, replevins, and general collection litigation
  • Real estate receiverships
  • UCC dispositions and assignee sales

We advise financial institutions, loan servicers and investors on issues pertaining to commercial and industrial loans, SBA/USDA-guaranteed loans, collateralized and non-collateralized loans, real estate and construction loans, mezzanine financing, bridge loans, and a wide range of other financial products.

News

  • Representation of Chapter 7 Bankruptcy Trustee for restaurant bearing name of internationally recognized sports celebrity
  • Representation of Creditors' Committee in successful liquidation of international printing press manufacturing enterprise
  • Representation of insurer in settlement of liability and termination of policies involving multi-product manufacturing conglomerate and environmental issues
  • Representation of multiple defendants in national fraud and improper conveyance litigation brought by Chapter 7 Trustee against various financial institutions
  • Representation of commercial lenders in assignment for the benefit of creditors of Chicago food purveyor
  • Representation of Chapter 7 Bankruptcy Trustee in prosecution of claims of non-dischargeability due to the Debtor's fraud
  • Representation of petitioning creditors in successful involuntary bankruptcy and liquidation of investment advisory enterprises
  • Representation of national real estate development/management firm in major retail bankruptcy reorganization
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