Wilson Elser has a broad range of capabilities in the area of bankruptcy and creditors’ rights. The firm currently represents a number of Fortune 500 companies, including financial institutions, equipment lessors, insurance companies, and landlords in connection with the enforcement of their rights as creditors, both on a secured and unsecured basis. The firm has represented clients throughout the United States in a multitude of roles involved in bankruptcy proceedings.
Our attorneys have represented numerous creditors, both secured and unsecured, in major bankruptcy cases. Sample clients have included Eastern Airlines, Pan American Airlines, LTV Corp., Sizzler Restaurants, Safety Kleen, C2 Media, Bush Industries, Ames Department Stores, Mirant Corporation, Grand Union, Ha-Lo Industries, Colonial Realty, and multiple motor vehicle dealers.
Wilson Elser served as counsel to the Unsecured Creditors’ Committee in the Chapter 11 cases of Superglue Corporation, Rothpak Corp. & Metaglo, Inc., Finne Brothers and Bromante Corporation. The firm has represented landlords in the bankruptcy cases of Filene’s, The Wiz and Amazing Savings.
Our attorneys have acted as counsel to the trustee in the OPM Chapter 11 bankruptcy case and to a Chapter 7 trustee in the New York Metropolitan area concerning several past and current bankruptcy cases. The firm represented a British utility company in the Oren Benton (a uranium trader) bankruptcy proceeding based in Denver, Colorado.
The services we provide our clients are comprehensive. They include pre-bankruptcy work-outs and restructurings; asset sales pursuant to Section 363 of the Bankruptcy Code or pursuant to Article 9 of the Uniform Commercial Code; motions to lift or modify the automatic stay; applications to compel debtors to assume or reject executory contracts; cash collateral proceedings; debtor in possession financing; opposing applications to avoid liens and expunge claims.
In addition, we defend against adversary proceedings to avoid preferential transfers and fraudulent conveyances. We advise on prosecution of adversary proceedings to recover preferential transfers; objections to discharge; valuation proceedings; determination of tax claims; contested Chapter 11 confirmation hearings; foreclosing on real or personal property; defense of lender liability claims; and all related services which secured and unsecured creditors may require.
Wilson Elser’s client representation extends beyond the traditional trade creditors and financial institutions. We have guided insurers in numerous bankruptcy cases across the country when a bankruptcy has been filed due to massive exposure for alleged financial misrepresentations or mass torts.
Considering Wilson Elser’s extensive insurance experience, our attorneys have bridged the gap in many bankruptcy cases implicating directors and officer’s liability, as well as for product liability such as asbestos, phen-fen, ephedra, PPH and environmental claims. We bring an interdisciplinary approach to addressing the issues and concerns facing our clients.
For more information please visit our Commercial Services Practice website.