Banking, Real Estate & Financial Services Group

Bankruptcy and Creditors' Rights

Butler Snow regularly represents clients in all transactional and litigation aspects of bankruptcy, business reorganizations and debtor-creditor matters. In bankruptcy and creditors' rights matters, we seek practical solutions with the aim of minimizing risks and expenses to our clients, while maximizing their return.

Butler Snow provides a full range of services in bankruptcy and business reorganization cases. We have been involved in many major Chapter 11 cases in Mississippi in recent years and are often engaged by local clients to represent them in bankruptcy cases around the country. Although we have recently begun to represent corporate debtors or shareholders in bankruptcy reorganization cases, most of our practice traditionally has been representing creditors (lenders, franchisors, lessors and trade creditors) in bankruptcy cases. We also represent a number of clients seeking to invest in troubled businesses or to acquire key assets or on-going business operations from troubled or bankrupt companies.

We routinely litigate bankruptcy issues such as avoidance actions, issues relating to relief from the automatic stay, adequate protection and use of cash collateral, assumption or rejection of executory contracts or unexpired leases, sale of property, adequacy of disclosure statements, confirmations of reorganization plans, discharge and dischargeability complaints, and defense of avoidance actions.

We are fortunate to be a regional firm that offers expertise on a comprehensive range of legal areas of interest to our clients in bankruptcy matters. We offer a collaborative approach with other practice areas within our firm which enhances our ability to efficiently provide full representation to our clients in areas such as real estate, lending and finance, healthcare, tax, labor and employment, mergers and acquisitions, environmental law, banking and intellectual property. We also work closely with our clients’ personnel and other professionals in addressing the myriad of issues involved in a bankruptcy or restructuring.

We also work closely with our commercial litigators in handling in-state or federal courts involving creditor-debtor relations or lender liability issues. These include lender liability cases, filing or defending receivership actions, landlord-tenant disputes, handling commercial collection or lien enforcement suits, and actions to recover possession of personal property.

Because bankruptcy issues are so integrally involved in mass tort and consumer litigation, we work closely with our litigators in handling complex removal and remand and other jurisdictional issues, and, where appropriate, asserting judicial estoppel defenses.

The firm has also participated in alternative dispute resolution matters in the bankruptcy and commercial litigation contexts, both representing parties in mediation or an arbitration involving bankruptcy or commercial disputes and as a neutral.

Butler Snow’s client base in the bankruptcy area is broad and diverse: banks and other lenders, real estate developers, landlords, manufacturers, franchisors, investors, wholesalers, retailers, grocery chains, telecommunication companies, truck and equipment dealers, hospitals and motor carriers.

For additional information on Bankruptcy and Creditors' Rights, please contact Stephen W. Rosenblatt.

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