Bankruptcy and Corporate Restructuring
Trade creditors, secured lenders, credit managers and business leaders often
find that they need guidance on bankruptcy and insolvency matters. BrownWinick
assists clients with analyzing the legal issues involved in business bankruptcy
cases, identifying the benefits and drawbacks of alternative courses of action,
advising clients on strategic solutions and communicating our clients’ legal positions
in negotiations and court proceedings.
The firm represents creditors, creditors' committees
and debtors in all phases of bankruptcies, corporate reorganizations, loan
workouts and debt restructuring, foreclosures and receiverships and the purchase
of assets, securities and businesses from bankruptcy estates and troubled companies.
Our attorneys have
represented clients with respect to case initiation, authority to use cash collateral,
obtaining post-petition financing, the hiring of professionals, the negotiation
and drafting of plans of reorganization and the plan approval process, the filing
and defense of claims and interests, recovery of estate property, and the prosecution
and defense of various adversary proceedings. The firm also provides counsel to
clients’ foreclosures and receiverships as well as in out-of-court corporate restructurings,
loan workouts, creditors’ rights issues, acquisition of troubled companies and
At BrownWinick, we pride ourselves on offering vast technical legal expertise
and on our ability to use our experience to help clients develop effective, creative
and efficient strategies to achieve their goals. Not only can BrownWinick provide
experienced bankruptcy attorneys, our Bankruptcy and Corporate Restructuring practice
group is also able to draw from the firm’s other practice areas to provide our
clients with counsel experienced in corporate and partnership formation, mergers
and acquisitions, corporate governance, securities law, finance, tax law, business
litigation and other areas critical to bankruptcy matters and the restructuring
of businesses. In particular, BrownWinick believes that our substantial experience
in representing numerous clients in the renewable fuels and agricultural industries
uniquely positions us to provide guidance regarding changes and trends in these
Corporate Restructuring and Workouts
BrownWinick’s extensive experience in corporate and partnership formation, as
well as in mergers and acquisitions, together with our restructuring practice,
provides the firm with strong capabilities in the representation of buyers, sellers,
investors and financial advisors in acquisitions and divestitures of insolvent
or troubled companies or their assets or securities. Additionally, a significant
part of the firm’s practice involves providing our clients representation and
guidance in non-judicial corporate reorganizations, debt restructurings and workouts.
Representation of Creditors
BrownWinick attorneys frequently provide representation to secured and unsecured
creditors in bankruptcy proceedings as well as to creditors dealing with troubled
companies who seek to minimize their exposure prior to a potential bankruptcy
filing. The firm’s lawyers have extensive experience in defending preference and
fraudulent conveyance actions, in lifting the automatic stay, in obtaining adequate
protection, in conditioning the use of cash collateral and in protecting the claims
and interests of secured, unsecured and administrative claimants.
Representation of Debtors
BrownWinick attorneys have also represented business debtors in bankruptcy as
well as troubled companies. The firm’s representation includes pre-bankruptcy
counseling and developing strategies for clients to avoid a bankruptcy or similar
insolvency filing altogether, as well as the representation of debtors in the
successful reorganization of their businesses and emergence from bankruptcy.
Representation of Creditors’ Committees
BrownWinick attorneys have extensive experience in representing official unsecured
creditors’ committees in Chapter 11 cases, including the formation of creditors'
committees, securing the appointment of creditors to creditors' committees and
in serving as counsel to creditors' committees.
BrownWinick attorneys have prepared, prosecuted and defended numerous adversary
and contested matters involving lifting the automatic stay, preferences and fraudulent
conveyances, setoff, the nature, extent and priority of liens, the subordination
of claims and interests, the assumption and rejection of executory contracts,
the turnover of estate property, the dischargeability of debts and the use of
cash collateral and adequate protection.