Bankruptcy: Restructuring & Insolvency
Stark attorneys stand ready to assist clients with any and all insolvency situations in the federal courts throughout the country. Our national team includes lawyers with transactional and litigation strength. We represent secured creditors and unsecured creditors’ committees, agents, bank groups and senior and mezzanine lenders, in all types of debt restructuring, litigation and bankruptcy reorganization proceedings, including out-of-court workouts.
Our lawyers handle large regional and national matters and our practice crosses industries, including energy, retail, transportation, real estate, manufacturing and telecommunications.
We have handled a substantial amount of creditor-based bankruptcy work, including first-day orders, DIP financing, bankruptcy sales and auctions, challenges to the extent and validity of liens, all forms of contested matters and adversarial proceedings, including fraudulent transfers and preference actions, objections to disclosure statements and plans of reorganization, including bankruptcy-related workouts and forbearance agreements.
We regularly represent secured and unsecured creditors, creditors’ committees and bankruptcy trustees in cases under Chapters 7, 11 and 13 and the entire range of bankruptcy litigation. Our practice also includes extensive representation in loan workouts, debt restructuring, dispositions of assets and refinancing. We can respond quickly and effectively to the pressures and uncertainties of changing economic conditions to meet our clients’ needs.
The scope of our bankruptcy practice includes the representation of creditors in bankruptcy proceedings under all Chapters of the Bankruptcy Code. We have litigated against debtors, debtors-in-possession, other creditors, committees, other secured creditors, landlords, plan of reorganization proponents, parties to acquisition agreements, and special interests. As previously stated, we have regularly litigated contested matters and adversary proceedings in Chapter 11 cases, as well as Chapter 7 liquidations.
We can quickly prosecute claims in the state and federal courts, including the prosecution of orders to show cause and applications for restraints, and just as quickly handle first day orders in Chapter 11 bankruptcy cases, including the use of cash collateral and adequate protection. We have negotiated all forms of first day Orders and Debtor-In-Possession Financing, especially in connection with automotive dealer bankruptcies. We have regularly negotiated Bankruptcy Section 363 sales. We have also regularly participated in state analogue insolvency proceedings, such as assignments for the benefit of creditors.
Because of our experience, geographic reach and size, the team represents lenders in restructuring and bankruptcy proceedings anywhere in the United States. Our collaborative approach means we achieve prompt results, knowing that a speedy resolution reduces costs, improves efficiency and preserves value for clients. Stark lawyers have tried cases and successfully argued on a myriad of bankruptcy issues and numerous other complex matters.