Insolvency & Creditors’ Rights
Finn Dixon & Herling’s Insolvency and Creditors’ Rights practice represents sponsors, lenders, creditors, and companies themselves, among others, in insolvency proceedings across a wide variety of matters. We have experience and expertise in out-of-court workouts, formal bankruptcy proceedings (Chapter 11, including Subchapter V, and Chapter 7), Article 9 proceedings, assignments for the benefit of creditors, and more. The cross-disciplinary nature of our practice allows us to bring the firm’s deep insights on M&A, tax, debt finance, employee benefits, and litigation, among other areas of expertise, to bear in individual engagements, whether they are transactional or before the courts.
Our nationwide bankruptcy practice is as broad in its diversity of matters as it is in geographic scope. We bring a practical and business-minded orientation to each matter that focuses on maximizing our clients’ returns while minimizing their legal and financial risk.
Representative matters include:
- Private equity: We regularly advise private equity firms or their portfolio companies in navigating the complexities of operating in financial distress. We represent parties involved in restructuring overleveraged companies, in formal or informal operational reorganizations, and in opportunistic acquisitions of distressed companies.
- Transactional: We represent parties involved in the strategic acquisitions or sales of distressed assets and entities. We advise on M&A transactions and all other forms of distressed sales and acquisitions, including sales under section 363 of the Bankruptcy Code, section 9 of the Uniform Commercial Code, and receiverships and assignments for the benefit of creditors.
- Lenders: We represent lenders at all levels of the capital structure, both as agents and participating lenders. We have extensive experience and expertise in all forms of workouts, from formal insolvency proceedings (bankruptcy, article 9, or otherwise) to informal workouts.
- Litigation: We represent parties in connection with complex bankruptcy litigation, including but not limited to with respect to fraudulent conveyance or preference defenses, or with respect to fiduciary duty litigation.