Find Lawyers in Delaware, United States for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Practice Area Overview
While some bankruptcy lawyers represent insolvent individuals, many corporate bankruptcy lawyers represent debtors, creditors, and groups of creditors in bankruptcy cases. When representing debtors, the bankruptcy lawyer’s involvement typically starts long before a company actually commences a bankruptcy case by counseling the debtor concerning strategic options. These options run the spectrum, from gaining the protections afforded by commencing a reorganization case under chapter 11 (to implement an asset sale, a consensual plan of reorganization, or perhaps a contested “cramdown” plan), to negotiating an out-of-court workout. Creditor representations similarly require strategic analysis and skilled advocacy. The challenge facing creditors’ counsel is not merely competing with the debtor and its shareholders, but also competing against other creditor constituencies with differing agendas. After all, the restructuring objectives of a trade creditor, a bond holder, a labor union, a government agency, or a creditor that may be junior or senior in the capital structure likely will vary, potentially to a substantial degree, depending on the circumstances.
In today’s dynamic financial restructuring landscape, bankruptcy lawyers also must tackle a host of ancillary issues. For example, cross-border insolvencies continue to grow in number and intricacy as businesses expand globally into legal jurisdictions around the world. Likewise, the advent and growth of structured financial products and derivatives adds additional layers of complexity to the already complex mix of legal and business issues that bankruptcy lawyers routinely confront. In addition, the bankruptcy process continues to serve as a springboard for M&A opportunities presenting distressed investors with opportunities to acquire assets at attractive valuations in the marketplace.
Bankruptcy law provides ample, important restructuring opportunities to financially troubled businesses and has made bankruptcy an effective business tool, as evidenced by the number of large business enterprises increasingly seeking the protections and benefits that bankruptcy affords.
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John T. Carroll, III has substantial experience representing a broad spectrum of clients, including secured lenders, trustees, creditors’ committees, and debtors-in-possession In bankruptcy proceedings and commercial loan workouts. John has a substantial practice in representing trustees in bankruptcy and currently represents trustees in the notable bankruptcy cases of American Business Financial Services, Inc., Fenwick Automotive Products Limited, Hospital Partners of America, Inc., HR...
Anthony W. Clark heads Skadden’s corporate restructuring and bankruptcy litigation practice in Wilmington, Del., and represents debtors, creditors and acquirers. He also handles corporate, securities and general litigation matters. Mr. Clark’s Chapter 11 debtor representations include: Refco Inc.; Accuride Corporation; Central European Distribution Corporation (named as the “Chapter 11 Reorganization of the Year (Over $1 Billion)” for 2013 by The M&A Advisor); Exid...
Kevin’s clients have included trade creditors, lien claimants, asset purchasers, landlords, utilities, lenders, trustees, preference and fraudulent transfer defendants, and other interested parties in bankruptcy reorganization and liquidation proceedings. He has participated in many large and complex commercial restructurings across a broad array of industries, including retail, healthcare, manufacturing and energy, both in Delaware and across the country. In 2018, Kevin was recognized ...
Mark is a member of the firm, practicing in the Bankruptcy, Insolvency, & Restructuring Practice Group. He is the managing partner of the Wilmington office and co-chair of his practice group. Mark has a broad commercial practice, focusing in the areas of Chapter 11 reorganization and general insolvency law. He has represented all constituencies in corporate restructurings both in and out of Chapter 11, including debtors, unsecured creditors' committees, plan trustees, secured creditors, t...
Neil B. Glassman is a member of the firm’s bankruptcy group. Neil focuses his practice on commercial transactions, bankruptcy and insolvency law, and insurance and entity law. He joined Bayard in 1986. Neil regularly represents debtors, official committees of unsecured creditors or equity holders, secured lenders, banks and insurance companies, financial institutions and publicly and privately held businesses in large bankruptcy cases and other insolvency proceedings including insurance...
David R. Hurst focuses his practice on complex business reorganizations, debt restructurings and insolvency matters. He represents public and private companies in out-of-court restructurings, prepackaged bankruptcies and traditional Chapter 11 cases. His debtor-side representations have spanned a wide variety of industries, including biotechnology and pharmaceuticals, chemicals, communications, healthcare, hedge funds, manufacturing and retail. Read full biography: https://www.mwe.com/people/...
Laura Davis Jones is a name partner, a member of the firm's managing committee, and the managing partner of the firm's Delaware office. She gained national recognition as debtor's counsel in the Continental Airlines bankruptcy case, and has represented numerous debtors, creditors' committees, bank groups, acquirers, and other significant constituencies in chapter 11 cases and workout proceedings. She lectures at national bankruptcy and litigation seminars, and has authored numerous articles. ...
Mr. O'Neill has extensive experience in all aspects of bankruptcy work, including representation of debtors, unsecured creditors, and creditors' committees in chapter 11 cases. Mr. O'Neill served on the panel of chapter 7 trustees for the districts of Delaware, New Jersey, and the Eastern District of Pennsylvania. Mr. O'Neill is a former member of the board of directors of the Consumer Bankruptcy Assistance Project, a nationally recognized nonprofit organization that provides pro bono legal s...
David Powlen is the managing partner of the Delaware office, and his practice ranges from negotiating and documenting transactions to addressing actual or potential litigation. David is devoted to serving as a trusted adviser in all client assignments. Experienced in business bankruptcy, insolvency and special situations, David is regularly involved in Chapter 11 cases before the U.S. Bankruptcy Courts in Delaware and the Southern District of New York and in many other jurisdictions. He repre...
Mr. Robinson’s practice focuses on corporate reorganizations and liquidations, creditors’ rights issues, and litigation arising in chapter 11 and chapter 7 bankruptcy cases. Mr. Robinson represents debtors, creditors’ committees, secured and unsecured creditors, plan administrators, trustees, purchasers of assets out of bankruptcy, and parties in adversary proceedings. He was recognized every year from 2008 to 2010 as a New Jersey Rising Star; every year from 2012 to 2015 as...
Mr. Sandler is a member of the firm's Management Committee and Long-term Planning Committee and co-chair of the firm’s Creditors’ Committee Practice Group. He has substantial experience representing debtors, committees, acquirers, fiduciaries (including receivers and trustees), and other significant parties in interest in complex reorganizations and financially distressed situations, both in and out of court. Mr. Sandler’s recent committee representations include Ditech Hold...
Mr. Seidl has represented debtors, creditors' committees, creditors, and asset purchasers in chapter 11 reorganizations and liquidations and in related adversary proceedings. He is a graduate of James Madison University and received a Ph.D. from the University of Delaware. While still writing his Ph.D. dissertation, he enrolled in law school, and later graduated from Georgetown University Law Center, where he served as managing editor of the Journal of Law and Policy in International Business...
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