Bankruptcy & Restructuring

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Overview

RK&O’s corporate restructuring attorneys have been at the forefront of helping the firm’s clients successfully navigate through the challenges posed by financially-distressed companies.  The extensive experience possessed by RK&O’s corporate restructuring attorneys in all aspects of bankruptcy law, combined with their working hand-in-hand with attorneys in RK&O’s other highly-respected practice groups, uniquely equip RK&O to offer a full-range of integrated restructuring solutions for the firm’s clients. more +

RK&O’s corporate restructuring attorneys have frequently served as counsel to debtors, official and unofficial committees of creditors and shareholders, secured and unsecured creditors, hedge funds, private equity investors, acquirers, trustees and receivers in some of the most highly-complex, corporate reorganizations and workouts, non-bankruptcy insolvency proceedings and litigations and other significant matters involving debtor/creditor issues.  RK&O’s corporate restructuring attorneys have also represented an array of parties in cross-border restructurings, including chapter 15 cases under the U.S. Bankruptcy Code. 

While RK&O’s corporate restructuring attorneys concentrate their efforts on negotiating consensual multi-party resolutions to difficult bankruptcy issues, they also regularly appear in bankruptcy and appellate courts when litigation is necessary to resolve disputes.  By combining attorneys with deep corporate restructuring, securities and litigation experience into one group, RK&O provides clients with a singular, collaborative and nimble, senior-level team focused on providing practical, innovative and cost-effective solutions to complex restructuring matters, enabling clients to develop strategies for protecting and enhancing value and recoveries in bankruptcy situations.

Experience

  • A group of investment/hedge funds that negotiated the $100 million debtor-in-possession financing facility and subsequent $130 million new money investment that supported the acquisition of certain assets of Patriot Coal Corp., a leading producer and marketer of coal in the eastern United States.
  • Holders of more than $1 billion principal amount of certificates of participation in the final litigation and settlement of their rights against the city of Detroit and Financial Guaranty Insurance Corp. in connection with the valuation of unfunded pension liabilities and the ultimate treatment of the certificate holders under the confirmed plan.
  • Several investment funds and issuers of mortgage-backed securities in connection with swap mediation and litigation issues, including valuation disputes in the Lehman Brothers bankruptcy case.
  • Allen Systems Group, Inc., a global provider of mission-critical enterprise information technology solutions (pre-filing counsel), which had approximately $250 million in consolidated funded debt obligations upon its bankruptcy filing.
  • The Official Committee of Unsecured Creditors of Extended Stay Inc., an international chain of over 680 mid-priced extended stay hotels, which had consolidated liabilities totaling approximately $7.6 billion when it commenced its chapter 11 reorganization.
  • The court-appointed chapter 11 trustee in Rothstein Rosenfeldt Adler P.A., a law firm in which a Ponzi scheme in excess of $1.2 billion was run pre-filing by one of the named partners of the firm.
  • The plan trustee appointed in Taylor, Bean & Whitaker Mortgage Corp. which was the largest independent (i.e., non-depository-owned) mortgage lender in the U.S. at the time of its bankruptcy filing.

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