Dickinson Wright’s bankruptcy and restructuring practice provides financially-troubled companies and their business partners with a broad range of business advisory and crisis management services. We represent creditors, customers, suppliers, lenders, creditors' committees, trustees, debtors and other interested parties in complex restructurings, out-of-court workouts, asset management, liquidations and foreclosures and court proceedings throughout the United States and Canada. Our clients include large national and international corporations, small businesses and individuals.
We provide innovative yet practical legal solutions through collaboration with lawyers throughout our firm who have expertise in the related areas of mergers and acquisitions, banking and capital market transactions, corporate financing transactions, employment, tax and real estate. Our team-based approach allows us to efficiently and effectively respond to the wide range of issues arising in restructuring the assets and liabilities of troubled businesses and protecting the interests of clients dealing with them.
Much of the firm’s recent court activities have been in critical jurisdictions such as New York, Delaware and Toronto, where numerous large corporate cases have been brought under the U.S. Bankruptcy Code and Canada’s Companies’ Creditors Arrangement Act. Our vast experience enables us to assist our clients in evaluating the risks, benefits, challenges and opportunities available in all aspects of restructuring and liquidation negotiations and proceedings and asset management matters.
The bankruptcy and restructuring practice’s areas of expertise include:
- Handling the acquisition and sale of assets of distressed companies in both out-of-court restructurings and bankruptcy proceedings under Section 363 of the Bankruptcy Code, including negotiation and documentation of transactions.
- Representing lenders in debtor-in-possession financing, cash collateral proceedings, debt restructuring and other troubled-company financing.
- Representing secured creditors in lien assertion, adequate protection and relief from stay proceedings to effectuate foreclosure on collateral.
- Representing secured and unsecured creditors in the claim assertion, objection and resolution process.
- Assisting financially troubled companies in evaluating out-of-court options and negotiating with creditors, and representing these companies in bankruptcy proceedings when filing becomes necessary.
- Litigation bankruptcy cases involving preferential transfer, fraudulent transfer and other bankruptcy-related litigation claims.
- Anticipating and mitigating the impact of a bankruptcy filing by our clients’ key customers, suppliers or strategic partners.
- Protecting our clients’ supply of critical goods from financially distressed suppliers.
- Resolving cross-border insolvency issues involving multiple laws and jurisdictions.