PDF

Navigating the Complex Aspects of Bankruptcy Law

Successful representation of creditors and financially troubled businesses requires a thorough understanding of complex laws and creative financial arrangements. An attorney’s ability to artfully blend legal and financial acumen to maximize the value of the distressed organization typically benefits secured and unsecured creditors and debtors alike.

We have experience representing clients in virtually every industry and profession, including real estate, retail, transportation, health care, food and beverage, energy, construction, airline, automotive, communications, pharmaceutical, manufacturing and municipal finance. One of the most notable aspects of our law firm is our long history representing secured and unsecured banking and financial services clients in workouts, bankruptcies and creditors’ rights enforcement actions.

The firm has also represented Chapter 7, Chapter 11 and indenture trustees, debtors, landlords, lessees, equipment lessors, acquirers, trade vendors, suppliers, utilities, receiverships, and official creditor and equity committees. When dealing with a distressed debt situation, a bankruptcy case, preference action, fraudulent conveyance claim or legal matters tied to enforcement of debt, we have the capability and knowledge to provide our clients with the appropriate representation for their case.

The Phillips Lytle Approach to Bankruptcy and Creditors’ Rights

Phillips Lytle stresses an interdisciplinary approach, utilizing attorneys from our Banking and Financial Services, Real Estate, Corporate and Business Law, Environmental Law, Energy and Renewables, and Litigation Practices to effectively meet the special requirements for each case and client.

Our Bankruptcy and Creditors’ Rights Practice encompasses all aspects of federal bankruptcy law as well as state and other applicable laws governing secured transactions, creditors’ rights, fraudulent and other avoidable conveyances, lender liability actions, receiverships, cross-border refinancings, restructurings, corporate reorganizations, assignments for the benefit of creditors, asset sales, unsecured debts and real estate. We pride ourselves on providing incisive representation to our clients whatever the matter, big or small.

Phillips Lytle has significant experience in workouts involving complex commercial real estate financing transactions, conventional and asset-based commercial loans, industrial revenue bond financing, leasing transactions of all types, leveraged buy-out lending, syndicated and participation credits, letters of credit, floor plan financing and timeshare financing. In addition, the Bankruptcy and Creditors’ Rights Team has decades of experience representing creditors and troubled companies in out-of-court restructurings.

Some of the financial services clients the firm has represented publicly are Bank of America, CIT, Ford Motor Credit Company, General Motors Acceptance Corp., Generale Bank, HSBC Bank USA, N.A., JPMorgan Chase Bank, KeyBank, National Australia Bank, PNC Bank, Royal Bank of Canada, Siemens, TD Bank, affiliates of the foregoing, and others.

Experienced Bankruptcy Law Attorneys

Attorneys from our Bankruptcy and Creditors’ Rights Team have been involved in bankruptcy cases and insolvency proceedings of national and international significance. Our experience includes bankruptcy proceedings commenced under Chapters 7, 11, 12 and 15 of the Bankruptcy Code, and state court assignments for the benefit of creditors.

We regularly deal with a full range of business and litigation issues, including restructuring support agreements, proofs of claim, pre- and post-petition financing, cash collateral orders, automatic stay litigation, preference and fraudulent conveyance litigation, contested plan confirmations, sales of claims and asset sales.

Industry Recognition

How Can We Help?

Banking and Financial Services Litigation

Phillips Lytle has attorneys and paralegals who truly understand the financial services industry and regularly engage in bank-related litigation matters, ensuring the representation our clients need with the efficiency and responsiveness they expect and deserve.

Our Litigation attorneys―with expertise working specifically with financial institutions―achieve successful outcomes in state and federal courts and arbitrations in the following areas:

Breach of contract and enforcement of loan documents
Breach of fiduciary duty
Commercial loan collections and repossessions
Commercial paper and electronic payment transactions
Commercial reasonableness of sales of collateral under Article 9 of the Uniform Commercial Code (UCC)
Complex commercial real and personal property foreclosures and replevins
Disclosure and description of credit card agreement terms
Dischargeability proceedings
Equipment lease analysis, enforcement and re-characterization
Equitable subordination
Forfeiture, setoff and recoupment
Lead bank and participant bank controversies
Lender liability, including allegations of fraudulent or negligent lender practices
Letter of credit disputes
Lien disputes and quiet title actions
Money laundering
Multistate enforcement of judgments
Perfection and priority of security interests
Pre-judgment remedies, including replevin
Premises liability claims, including claims alleging inadequate security at ATM facilities
Post-judgment remedies and enforcement proceedings, including fraudulent conveyance, contempt and installment payment order proceedings
Regulatory compliance
RICO
Security interest enforcement and collateral seizure

Our litigators also counsel our financial institution clients on dispute avoidance matters and help them develop business strategies to avoid unnecessary exposure to claims. Extensive litigation experience in complex bankruptcies, workouts and financial restructurings is brought to bear for the benefit of our clients in negotiations and litigated matters.