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BANKRUPTCY/DEBTOR-CREDITOR


Attorneys

We know bankruptcy law.  Our team of lawyers includes two former federal bankruptcy judges and several former federal court law clerks, including two who clerked for bankruptcy judges. Our team members regularly present at seminars around the country on issues related to insolvency and bankruptcy, and have published numerous articles on bankruptcy related topics.


We help clients navigate the hazards of a variety of insolvency and debtor-creditor related issues.  From the use of bankruptcy as a business strategy and guiding clients through the benefits and risks associated with bankruptcy proceedings, to representation of clients in preference and fraudulent transfer proceedings, asset acquisition, or out-of-court workout arrangements, our team has years of experience dealing with the myriad of insolvency related issues that arise in business. The Bankruptcy Code and Rules often require immediate action to preserve rights and claims, but we know how to avoid impulsive moves that can undermine a client's case.  In addition to our work directly within bankruptcy cases or insolvency related matters, Gordon Arata counsels clients on the risks and exposures they may face as a result of the application of the bankruptcy laws to their financial dealings and transactions, such as the effects of preference laws on vendors and service providers. We help identify risks and guide clients in implementing the right strategies to minimize exposure.

We have successfully handled bankruptcy and insolvency or debtor/creditor-related matters for clients including:

  • Representing debtors and creditors in connection with problem credit, workouts, Chapter 11 reorganizations, and liquidation proceedings
  • Representing debtor-in-possession lenders
  • Representing creditors in discharge complaints against debtors
  • Representing purchasers of assets from Chapter 11 debtors-in-possession and from bankruptcy trustees through Section 363 sales and through confirmed Chapter 11 plans
  • Representing parties to leases, executory contracts, and license agreements in bankruptcy proceedings
  • Prosecuting and defending preference, fraudulent conveyance, and other avoidance action proceedings in individual and complex corporate bankruptcies
  • Acting as trustees of bankruptcy estates and of non-bankruptcy liquidations
  • Representing bankruptcy trustees in connection with all aspects of their administration of bankruptcy estates, including sales of property, investigation and prosecution of avoidance actions, prosecution of discharge complaints, objections to exemptions, objections to claims, approvals of compromises, disgorgement actions, and prosecution of substantive consolidation, alter ego, and single business enterprise remedies
  • Representing vendors in pursuit of reclamation and vendor's lien claims in large and small corporate bankruptcies

Our recent bankruptcy experience includes:

  • Successfully representing $60 million oil and gas exploration and production company in Chapter 11, resulting in confirmed plan of reorganization
  • Successfully representing $5-6 million moving and storage company in Chapter 11, resulting in confirmed plan of reorganization
  • Successfully representing a debtor-in-possession lender to industrial parts manufacturer during bankruptcy proceedings, resulting in full recovery of money lent, plus fees and costs
  • Successfully representing major secured creditor of oil and gas company resulting in full payout plus interest and costs
  • Successfully representing equity of industrial mat producing company, resulting in settlement and buyout of position
  • Successfully representing individuals and companies with regard to preference and fraudulent transfer claims, resulting in favorable settlements
  • Representing debtor-in-possession lender in ongoing Chapter 11 bankruptcy of a major public utility company
  • Successfully representing the Louisiana Gaming Control Board in the Chapter 11 bankruptcy case of the exclusive land-based casino authorized by statute to operate in the State of Louisiana



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