BANKRUPTCY & INSOLVENCY

Transcription

1 BANKRUPTCY & INSOLVENCY

2 I N V O L V E D WE DON T JUST GET INVOLVED. SHUMAKER BECOMES A VITAL PART OF EVERY CLIENT ORGANIZATION. EFFECTIVE LEGAL SOLUTIONS COME FROM FULLY UNDERSTANDING CLIENT GOALS, VISIONS, CHALLENGES AND OBSTACLES, AND KNOWING HOW TO DESIGN ANSWERS THAT EXACTLY ALIGN WITH YOUR VALUES AND CULTURE. SHUMAKER.COM 2

3 BANKRUPTCY & INSOLVENCY //We Get it Right As capital markets, the global economy, and industries evolve and change, business insolvencies play a more significant role in today s business environment. Businesses utilize the special provisions of bankruptcy law to buy and sell distressed assets, shed unwanted contractual obligations, restructure balance sheets, resolve legacy obligations, and achieve reductions in workforce. There is little margin for error in a business insolvency. Whether you are a: company operating in the zone of insolvency financial institution with an at-risk loan supplier to or customer of an insolvent company counter-party to a contract with an insolvent company company interested in purchasing assets from a distressed company landlord or tenant of a distressed company You need lawyers: who get it right who get it right quickly who get it right at a reasonable cost Shumaker gets it right: we know what we are doing, we are decisive and we understand cost-benefit analysis. 3

4 SHUMAKER.COM //How does Shumaker get it right? We have 12 attorneys whose practices are focused on business insolvencies we don t just dabble in down economies We have over 100 years of collective experience We have appeared in Bankruptcy Courts in 36 states including frequent appearances in Delaware and New York We take the time to understand your business and goals We have a command of the applicable law and we use it creatively We are dedicated and responsive We add value. //Who do we represent? Financial institutions and lenders (both secured and unsecured) Creditors committees Suppliers to or customers of distressed companies Distressed companies including boards of directors portfolio companies Foreign debtors or administrators in cross-border insolvency cases Trustees in bankruptcy Receivers for distressed assets Counter-parties to contracts with distressed companies Buyers of distressed assets Landlords and tenants 4

5 //Shumaker s U.S., Delaware and Global Insolvency Practice NATIONAL PRACTICE Shumaker has an active and experienced insolvency practice throughout the United States including Delaware. For over 30 years, attorneys in our bankruptcy group have handled numerous cases as lead counsel in bankruptcy cases around the U.S., including in Delaware and the Southern District of New York. The U.S. Bankruptcy Code is federal law, applied uniformly in all U.S. states. DELAWARE PRACTICE Delaware is a unique jurisdiction, in that its status as a popular stat of incorporation results in many Chapter 11 filings there, even though the Chapter 11 debtors are headquartered elsewhere. Many if not most professionals who are involved in Chapter 11 cases in Delaware are not licensed or located in Delaware. Delaware Bankruptcy Courts routinely allow outside professionals to participate in Delaware Chapter 11 matters on a case-by-case basis. We have represented numerous creditors committees, as well as individual creditors and stakeholders regarding their particular legal issues. These include financial institutions, suppliers, customers, counter-parties to contracts, and purchasers of assets. GLOBAL PRACTICE Shumaker handles in-bound insolvency matters for foreign-based companies, or their administrators including informal restructurings, formal Chapter 11 or Chapter 15 filings, sales of assets, and litigation related to a U.S. presence. Shumaker also maintains a global network of professional colleagues to partner with for outbound insolvency matters. 5

6 //What services do we provide? Secured lender rights and remedies Creditors committees rights and remedies Unsecured creditors rights and remedies Bankruptcy or workout planning Fiduciary duties of officers and directors Chapter 11 filings Chapter 7 liquidations Cross-border insolvencies, including Chapter 15 Post-petition financing First-day motions Receiverships Assignments for the benefit of creditors Non-bankruptcy workouts and forbearance agreements Section 363 sales Avoidance litigation Preference defense Equitable subordination claims Lender liability claims Forensic analysis Intellectual property analysis and protection Labor and employment issues Collective bargaining agreements and retiree obligations Tax issues of distressed companies 6

7 //Representative Cases //Articles Ames Department Stores (New York) Bicoastal Corporation (Florida) Burlington Industries (Delaware) Celotex Corporation (Florida) Chrysler, LLC (New York) Collins & Aikman (Michigan) Dana Automotive, Inc. (New York) Federated Department Stores, Inc. (Ohio) General Motors Corporation (New York) J.A. Jones Construction (North Carolina) K-mart Corporation (Illinois) Levitz Furniture Incorporated (Delaware) MF Global Inc. (New York) Pillowtex, Inc. (Delaware) Polaroid Corporation (Delaware) PTL Heritage USA (South Carolina) Quebecor, Inc. (New York) SemCrude, L.P. (Delaware) Smurfit-Stone Container Corporation (Delaware) Client Alert: Dumbing Down Intellectual Property: Chapter 11 Impact on IP License Agreements, April 1, 2018 Captive Insurance Deskbook for the Business Lawyer. Chicago, Ill.: ABA Section of Business Law, 2018, Editor & Contributor, March 15, 2018 Chapter 15: Delaware Court Sends U.S. Creditor Packing... to Italy, March 1, 2018 Client Alert: Managing Credit Risk in the Supply Chain, January 2018 SEE MORE AT SHUMAKER.COM 7

8 //Presentations University of Florida College of Law Advanced Bankruptcy Seminar, April 6, 2018 Plenary Session: Case Law Update, 42nd Annual Judge Alexander L. Paskay Seminar on Bankruptcy Law and Practice, January 18, 2018 American Bankruptcy Institute s 25th Annual Southwest Bankruptcy Conference, September 7, 2017 University of Florida Levin College of Law Advanced Bankruptcy Seminar, March 17, 2017 National Steel Mill Group, Clearwater, Florida, February 18, 2016 Furniture Manufacturers Credit Association, Greensboro, North Carolina, February 11, 2016 International Textile Credit Clearing House, Charlotte, North Carolina, January 20, 2016 The Association of International Credit and Trade Finance Professionals, October 15, 2015 Certified Bankruptcy Assistant Program, Tampa, Florida, October 6, rd Annual ABI Southwest Bankruptcy Conference, Las Vegas, Nevada, September 12, 2015 //Professional Associations ABA American Bar Association CFA Commercial Finance Association FCIB The Finance, Credit & International Business Association Florida Bankers Association ICTF The International Credit & Trade Finance Association INSOL Europe INSOL International IPBA Inter-Pacific Bar Association IBA International Bar Association National Association of Credit Management R3 Association of Business Recovery Professionals TMA Turnaround Management Association State and local Bar Associations in California, Florida, Ohio and North Carolina //Affiliated Practice Areas Commercial Transactions Corporate Environmental Financial Institutions Financial Services Intellectual Property International Labor and Employment/Benefits Mergers, Acquisitions, and Divestitures Real Estate Tax 8

9 Our Team Steven M. Berman David H. Conaway Commercial Transactions Financial Institutions International Transactions INVOLVED David J. Coyle Hugo S. Brad debeaubien Labor and Employment 9

10 Katherine S. Decker Associate Appellate S Jonathan J. Ellis SHUMAKER.COM Litigation Nonprofit Organizations Professional Liability David M. Grogan Financial Institutions John E. Haller Product Liability Professional Liability 10

11 Mark D. Hildreth Financial Institutions W. Kent Ihrig Commercial Transactions Corporate Law / Business Organizations Financial Institutions Financial Services Real Estate Peter E. Krebs Corporate Law / Business Organizations Mergers and Acquisitions Divestitures REITs INVOLVED Ernest J. Marquart Construction Law Financial Institutions Financial Services Intellectual Property Professional Liability 11

12 Julia May Associate Thomas F. McDonnell, Jr. Associate Community Associations Litigation James I. Rothschild Our Team Commercial Transactions Corporate Compliance and Business Crimes Defense Corporate Law / Business Organizations Mergers and Acquisitions Divestitures Seth P. Traub Appellate Commercial Leasing Construction Law Fidelity, Surety and Specialty Bonds 12

13 Our Team Jay B. Verona Alternative Dispute Resolution Real Estate Law Thomas M. Wood Appellate Labor and Employment Real Estate S S SHUMAKER.COM 13

14 CHARLOTTE/CHARLESTON COLUMBUS SARASOTA TAMPA TOLEDO/BLOOMFIELD HILLS David H. Conaway John E. Haller Mark D. Hildreth Steven M. Berman David J. Coyle SHUMAKER.COM