Bankruptcy and Restructuring

Butler Snow’s Bankruptcy and Restructuring Group focuses on corporate and business-related insolvency issues, representing business and individual clients in all transactional and litigation aspects of out-of- court workouts, bankruptcy, business reorganizations and debtor-creditor matters. In these matters, we seek practical solutions that minimize risks and expenses to our clients, while maximizing their return.

Our firm provides a full range of services in bankruptcy cases and restructurings. Our bankruptcy attorneys have been involved in many major Chapter 11 cases and are often engaged by debtors, creditors, trustees and committees to represent them in bankruptcy cases nationwide. Indeed, the firm has successfully represented chapter 11 debtors in two “Mega” cases filed in Mississippi and Tennessee and obtained confirmation of a plan in one such case involving over $100 million in debt within 120 days of filing. In addition to representing both debtors and creditors, we also work with clients seeking to invest in or acquire key assets or on-going business operations from troubled or companies in bankruptcy.

We routinely litigate a wide array of bankruptcy issues including, 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.

Butler Snow provides our bankruptcy and restructuring clients with vast expertise in other practice areas within our firm, enabling our clients to efficiently receive full representation 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’ internal personnel and other professionals to address the myriad of issues involved in a bankruptcy or restructuring.

Members of this team work closely with our commercial litigators in handling state or federal court cases involving creditor-debtor relations or lender liability issues. These types of cases include lender liability actions, filing or defending receivership actions, landlord-tenant disputes, 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 jurisdictional issues, including removal and remand, and, where appropriate, asserting judicial estoppel defenses.

Butler Snow’s client base in the bankruptcy area is broad and diverse, and includes 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.