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. SLK-LAW.COM

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 SLK-LAW.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 state 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) Pension Liability Shifted Upstream, Business Credit, November/December, 2013 New York Bankruptcy Court Flexes Global Muscle ; Eurofenix, Summer 2012 American Airlines: Who s Flying the Plane? ; Eurofenix, Spring 2012, Business Credit, May, 2012, and ABI Committee News, March, 2012 Chapter 15: International Bankruptcy: Foreign Debtors Get Green Light to Sue U.S. Companies ; Shumaker, Loop & Kendrick, LLP Legal Update, March 2012 and Charlotte Business Journal, February 10, 2012 SEE MORE AT SLK-LAW.COM 7

8 //Presentations National Steel Mill Credit Group, Houston, Texas, November 21, 2013 ICTF NAFTA Insolvency Laws, October 1 and 3, 2013 ABI Southwest Conference, Lake Tahoe, Nevada, August 23, 2013 University College London, 6th Insolvency Research Conference, UCL Faculty of Laws, London, April 19, 2012 University of Florida College of Law Advanced Bankruptcy Seminar, April 6, th Annual Bankruptcy Battleground West, March 16, 2012 National Paper Packaging Credit Group, San Antonio, Texas, March 8, 2012 National Apparel & Footwear Credit Association, Charlotte, North Carolina, September 23, 2011 INSOL Europe Annual Congress, Venice, Italy, September 22-25, 2011 American Bankruptcy Institutes Southwest Regional Conference, September 24, 2010 //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 Federal Court Litigation R. Quincy Bird Associate Litigation INVOLVED David H. Conaway Commercial Transactions Financial Institutions International Transactions David J. Coyle 9

10 Hugo S. Brad debeaubien Associate Labor and Employment Federal Court Litigation S Katherine S. Decker Associate Appellate Federal Court Litigation Jonathan J. Ellis SLK-LAW.COM Federal Court Litigation Litigation Nonprofit Organizations Professional Liability Sarah M. Glaser Associate 10

11 David M. Grogan Financial Institutions John E. Haller Federal Court Litigation Product Liability Professional Liability Mark D. Hildreth Federal Court Litigation Financial Institutions W. Kent Ihrig Commercial Transactions Corporate Law / Business Organizations Financial Institutions Financial Services Real Estate Our Team 11

12 Peter E. Krebs Corporate Law / Business Organizations Mergers and Acquisitions Divestitures REITs Ernest J. Marquart Construction Law Financial Institutions Financial Services Intellectual Property Professional Liability David A. Matthews Financial Institutions James I. Rothschild 12 Commercial Transactions Corporate Compliance and Business Crimes Defense Corporate Law / Business Organizations Mergers and Acquisitions Divestitures

13 Steven L. Smith Bonds and Public Law Corporate Law / Business Organizations Intellectual Property Seth P. Traub Associate Appellate Commercial Leasing Construction Law Federal Court Litigation Fidelity, Surety and Specialty Bonds S Jay B. Verona Alternative Dispute Resolution Real Estate Law Brian C. Willis Associate 13

14 Thomas M. Wood Appellate Labor and Employment Federal Court Litigation Real Estate 14 S SLK-LAW.COM

15 I N V O L V E D For more complete information regarding the Bankruptcy and Insolvency practice group including additional representative cases, articles and presentations, please visit us at 2

16 CHARLOTTE COLUMBUS SARASOTA TAMPA TOLEDO David H. Conaway John E. Haller Mark D. Hildreth Steven M. Berman David J. Coyle SLK-LAW.COM