Bankruptcy & Restructuring

Dressler Peters has a nationally recognized practice representing both asset-based and cash-flow lenders, equipment finance lenders and trade creditors whose commercial customers have filed for bankruptcy protection.Creditors of financially troubled companies, face critical decisions about how to restructure debt, liquidate collateral on their own, or resolve issues through a court-supervised process. These decisions will determine whether lenders will emerge from the process with their debts repaid and their customers in a place of financial strength and stability.

The path to financial viability – through the court or not – can be convoluted. Often times, there are no good options, and steering clients through the process requires a creative and innovative approach. Dressler Peters attorneys are fluent in the complexities of representing creditors in chapters 7, 11, 12, 13 of the Bankruptcy Code – having gained such fluency through decades of representing lenders across the country in bankruptcy cases. We are also adept at documenting workout transactions and bankruptcy plans and claims. Our attorneys use their substantial litigation experience to successfully litigate adversary proceedings in bankruptcy court. Similarly, our fluency in the uniform commercial code enables our attorneys to draft workout and repayment agreements that are flexible and robustly protect our clients. Our keen knowledge of both the Bankruptcy Code and the Uniform Commercial Code enables us to effective negotiate optimal solutions to the most vexing problems that arise in insolvency situations.

Our firm also has attorneys with experience representing companies in financial distress, both inside and outside of bankruptcy, as well as investors looking for opportunities to purchase a distressed business or certain assets of the company.

We assist our clients with the full spectrum of matters which can arise with distressed credits, including:

• Out-of-court workouts, forbearance agreements and loan modifications
• Lockbox and collateral account agreements
• Deeds-in-lieu of foreclosure
• Voluntary surrender and foreclosure agreements
• Confessions of judgment and stipulated judgments
• Assignment for the benefit of creditors
• Receiverships
• Replevin/claim and delivery
• Article 9 foreclosures and other remedies
• Lien priority analysis and priority disputes
• Lender liability defense
• Cash-collateral stipulations
• DIP (Debtor in Possession) lending
• Cash-collateral hearings
• Adequate protection stipulations
• Lift-stay hearings
• Valuation hearings
• 363 sale hearings
• Proof of claims and claim objections
• Disclosure statement objections
• Plan objections and confirmation hearings
• Parties in preference and fraudulent transfer actions
• Fraudulent transfer actions
• Bankruptcy trustees in litigation and transactional matters
• Debtors in a wide variety of financial restructurings
  • Restructuring credit lines
  • Restructuring floor plan financing
  • Restructuring mortgages & leases on real estate
• Distressed M&A (i.e., purchase and sale of business or assets inside and outside of bankruptcy, including at foreclosure or receivership sales)
• Lien avoidance
• Post-judgment discovery and collection
• Stalking horse bidders and other bidders in 363 bankruptcy sales