Capabilities / Insolvency & Commercial Bankruptcy
Lending a steady hand to manage insolvency and financial distress.
Companies caught up in the uncertainty of financial distress benefit from the knowledge of trusted legal counsel. Husch Blackwell has extensive experience advising all the major constituencies involved in commercial bankruptcy proceedings and non-bankruptcy restructurings, including debtors, trustees, secured creditors, creditors committees, suppliers, lessors, landlords, franchisors, purchasers, and equity holders.
As national and regional counsel, we manage insolvency law matters and creditors’ rights matters in jurisdictions across the country and internationally. Our case management system is tailored to clients’ information and reporting needs and allows secure, 24/7 access to case information. We have developed and managed a network of local insolvency and commercial bankruptcy counsel to ensure clients receive the best, most cost-effective legal representation.
Our guidance to clients in the insolvency and commercial bankruptcy sector includes:
Bankruptcy
Our team has experience in complex financial restructurings and liquidations. We have represented clients in some of the largest and most complex bankruptcy cases filed in recent years, including:
- Brooke Corp. et al (Brooke Insurance)
- Dana Corporation
- Doskocil and Wilson Foods cases
- Farmland Industries
- Federal-Mogul Corporation
- HMC/CAH Consolidated, Inc.
- Homeland Stores, Inc.
- PatientFirst Healthcare, Inc.
- Payless Cashways Solutia, Inc.
- Union Financial Services, Inc.
Commercial dispute resolution and litigation
We can advise you on all aspects of litigation in state and federal courts. Along with representing clients in enforcing loan documents, leases, and contract actions, we participate in alternative dispute resolution. This approach often enables clients to reduce litigation costs and to resolve differences quickly. Our team is also involved in various stages of intellectual property, employment, tax, and other litigation matters handled by the firm.
Creditors' rights and extraordinary remedies
We have extensive experience representing secured lenders and creditors, landlords, lessors, and vendors in commercial creditors’ rights matters. Our experience includes:
- Foreclosing mortgages, deeds of trust, and other security interests
- Obtaining receiverships
- Obtaining temporary and permanent protective orders, restraining orders, and pre-judgment writs
- Pursuing and enforcing judgments in commercial matters
- Pursuing and preserving reclamation, recoupment, and set-off rights
- Recovering collateral for secured creditors and lessors
- Utilizing pre- and post-judgment remedies
Insurance insolvency
Our team can support you with insurance insolvency proceedings, including ancillary bankruptcy. We negotiate and draft rehabilitation and liquidation petitions, plans and orders, management services contracts, asset sales, and merger transactions. In recent years we have identified and recovered significant sums for clients and helped to resolve or adjudicate numerous claims against insolvent estates.
International insolvency
Our team has significant experience in international insolvency proceedings and represents secured creditors on cross-border transactions and offshore asset recovery.
National and regional lead counsel
As national and regional counsel, we manage insolvency and creditors’ rights matters in jurisdictions across the country and internationally. Our case management system is tailored to your information and reporting needs and allows secure, 24/7 access to case information. We have developed and managed a network of local counsel to ensure you receive the best, most cost-effective legal representation.
Workout and out-of-court restructurings
We can advise you on all aspects of workouts and out-of-court restructurings, including refinancing, out-of-court restructuring agreements, forbearance agreements, corporate restructurings, and purchasing of assets from troubled businesses.