Bankruptcy and Creditors' Rights
The Cowles and Thompson Bankruptcy and Creditors' Rights practice group provides representation and counsel to debtors, unsecured and secured lenders, creditors' committee, and factoring companies during reorganization and liquidation proceedings, as well as loan restructuring and workout services outside the courts.
Our services include matters related to the automatic stay and rejection and/or assumption of executory contracts, post-petition financing and cash collateral issues, negotiation of plans of reorganization, disclosures statements, analysis of the debtor’s financial performance, asset sales, preference and fraudulent transfer analysis, litigation, and general bankruptcy litigation.
Our attorneys leverage their bankruptcy and restructuring knowledge to provide solutions benefiting:
- Administrators, liquidators, receivers, trustees, and examiners
- Directors of financially distressed companies
- Equity holders’ committees
- Intellectual property licensors and licensees
- Official and unofficial committees of creditors, bondholders, and noteholders
- Parties involved in any bankruptcy-related litigation, including avoidance claims
- Post-petition lenders, secured lenders, and servicers of mortgage-backed securities
- Purchasers of debt or assets of distressed companies
- Secured and unsecured creditors
We can also advise lenders on documentation designed to avoid bankruptcy issues and pre-bankruptcy planning that may be useful in liquidating collateral that is difficult to sell.
Our Bankruptcy and Creditors’ Rights lawyers have been involved in many of the largest and most important bankruptcy cases in the country. We have represented clients in a wide range of industries, including oil and gas, manufacturing, livestock production, grocery distribution, health care, restaurants, communications, freight forwarding, and franchising.
Our attorneys also have experience representing bankruptcy trustees in Chapter 11 reorganization cases and Chapter 7 liquidation cases.
- Thursday, September 09, 2021 Recent Fifth Circuit Case Gives Lender Green Light to Change Management
- Tuesday, August 10, 2021 Sales in Bankruptcy - No Stay, No Pay
- Friday, July 09, 2021 The Purpose of Special Purpose Entities
- Tuesday, May 25, 2021 A Recent Decision Recharacterizing Debt to Equity Under Delaware Law Could Have Far-Reaching Implication
- Tuesday, May 04, 2021 What Rights and Possible Exposure to Consequences Arise for Tenants When a Real Property Lease is Rejected by a Bankrupt Landlord?
- Thursday, April 08, 2021 Temporary Pandemic-Related Bankruptcy Code Provisions
- Monday, March 01, 2021 Retention of Bankruptcy Debtor’s Property After Bankruptcy Is Not a Violation of the Automatic Stay
- Sunday, February 28, 2021 Bankruptcy Court Rules that Eviction Moratorium for COVID Does Not Apply in Bankruptcy
- Monday, February 01, 2021 Temporary Extension of Time for Debtor-Tenants to Decide Whether to Assume or Reject Certain Leases
- Monday, January 11, 2021 The Effect of the COVID Act on the Bankruptcy Preference Laws
- Monday, December 14, 2020 Commercial Landlord Tenant Issues in Bankruptcy -- Especially During the Pandemic
- Wednesday, August 05, 2020 Some Debts Are Not Dischargeable in Bankruptcy
- Tuesday, July 21, 2020 Bankruptcy Usage of Key Employee Retention Plans and Key Employee Incentive Plans
- Tuesday, June 30, 2020 GET OUT OF JAIL CARDS FOR LEVERAGED BUYOUT FRAUDULENT TRANSFERS
- Monday, June 15, 2020 The Retail Apocalypse Continues
- Monday, June 01, 2020 MALL OF AMERICA FAILS TO PAY ITS MORTGAGE - IS THIS A SIGN OF THINGS TO COME FOR OTHER MALLS AND SHOPPING CENTERS?
- Monday, May 18, 2020 Bankruptcy Courts Allow Business Debtors to Defer Rent in Response to COVID-19
- Monday, May 04, 2020 COVID-19 and the Plight of the American Movie Theater
- Monday, April 27, 2020 The Case Study of Neiman Marcus and the Fate of Other Department Stores
- Monday, April 20, 2020 Business Interruption: Do You Have the Correct Coverage?
- Tuesday, March 24, 2020 zzRevisiting the Need for Force Majeure Clauses
- Wednesday, February 26, 2020 The Coronavirus and Its Effect on Companies on the Brink
- Thursday, February 06, 2020 Filing a Proof of Claim Reserving a Right to a Jury Trial Does Not Prevent a Waiver of Right to Jury Trial
- Tuesday, December 03, 2019 Subsequent Transferee Liability re: Fraudulent Conveyance Lawsuits
- Tuesday, October 08, 2019 A Debtor Licensor of a Trademark Cannot Rescind Use of the Trademark License by Rejecting it in Bankruptcy
- Wednesday, September 18, 2019 State and Federal IRA Exemptions Don't Always Jive
- Monday, August 19, 2019 NO MATTER THE CIRCUMSTANCES, STUDENT LOANS ARE INCREASINGLY DIFFICULT TO DISCHARGE IN A BANKRUPTCY
- Wednesday, June 12, 2019 Theft of Trade Secrets Does Not Always Equate to the Non-dischargeability of a Debt in Bankruptcy
- Monday, December 10, 2018 TENANTS OF REJECTED LEASES IN BANKRUPTCY MAY NOT HAVE TO PAY RENT
- Thursday, November 15, 2018 "Mere Conduits" of Fraudulently Conveyed Funds Continue to Face Scrutiny
- Monday, November 05, 2018 Tough Road for Sears -- Leverage for Landlords?
- Thursday, June 21, 2018 Fallout from Retail Bankruptcies -- Landlords and Junior Creditors v. Private Equity
- Tuesday, August 22, 2017 Issues Pertaining to Debt Recharacterization
- Tuesday, August 22, 2017 Landlord/Tenant Issues to Explore in Negotiation
- Monday, November 30, -1 Tough Road for Sears -- Leverage for Landlords?
Bankruptcy Updates on Social
Follow Bill Siegel for the latest in Bankruptcy updates, retail bankruptcies, and activity related to bankruptcy and re-organizations: Bill Siegel on Twitter.
Bankruptcy and Coronavirus/COVID-19
Recent articles related to COVID-19, shutdowns, re-openings:
COVID Quick Reference - all Cowles and Thompson articles related to C-19