Bankruptcy and Corporate Restructuring

Protecting Our Clients' Interests

Bankruptcies and restructurings are among the most challenging problems faced by businesses.  We are committed to vigorously protecting our clients’ interests in bankruptcy proceedings and out-of-court workouts and to achieving the best possible outcomes.

The firm’s Bankruptcy and Corporate Restructuring Practice Group is thoroughly experienced in representing debtors and debtors-in-possession, asset purchasers, and secured and unsecured creditors. Our clients include a wide range of public and private middle-market companies as well as creditors’ committees. In addition, we represent many real estate owners in connection with loan restructuring, and counsel individual clients with respect to complex individual debt restructuring.

We work closely with the firm’s Litigation, Corporate and Securities, and Real Estate Practice Groups to find efficient solutions in difficult business environments.  Our attorneys have appeared in the bankruptcy courts of the Southern and Eastern Districts of New York and also in other courts around the country.

Our practice encompasses:

  • Chapter 11 and Chapter 7 bankruptcy proceedings
  • Business reorganization
  • Financial restructuring
  • Strategies for dealing with financially-troubled entities
  • Buying and selling troubled entities in Chapter 11 and outside of bankruptcy
  • Out-of-court debt composition and settlements
  • Complex individual debt restructuring
  • Advising clients on preference, fraudulent conveyances, lender liability, equitable subordination, and the assumption or rejection of leases and executory contracts.
Name Title Direct Dial Vcard
Brownstein, Michael Z. Counsel Counsel 212.216.8036 VCard
Cavaliere, Rocco A. Partner Partner 212.216.1141 VCard
Goldstein, Arthur Counsel Counsel 212.216.1119 VCard
Makower, Jill Counsel Counsel 212.216.1179 VCard
Markowitz, Scott S. Partner Partner 212.216.8005 VCard
Piazza, Deborah J. Partner Partner 212.216.1140 VCard
Spizz, Alex Partner Partner 212.216.1155 VCard
Wolf, Robert A. Partner Partner 212.216.1159 VCard
  • Effect of Fisker Automotive Case on Credit Bidding
    August 9, 2015

    One of the most controversial bankruptcy court cases of the past year was Fisker Automotive Holdings, Inc. ("Fisker") decided in Delaware. Many investors have feared the Fisker decision would forever change the market for the strategic acquisition of secured debt. However, Fisker should only be read in the context of the particular facts and circumstances of that case.

  • When Purchasing Distressed Assets, Protect Yourself Against Possible Fraudulent Transfer Litigation
    April 25, 2015

    This article addresses the two types of fraudulent transfers - actual fraud and constructive fraud and provides guidance on how best to protect yourself against the risk of possible fraudulent transfer litigation.

  • Stalking Horse Bidder – To Be or Not To Be
    March 17, 2015

    As most investors know, you can obtain a great deal purchasing assets out of a bankruptcy estate. But do you want to be the first interested party to negotiate and enter into a purchase agreement? Do you want to be the party that conducts all of the due diligence and sets the minimum purchase price?

  • Buyer Beware! The Battle Between Sections 363(f) and 365(h) of the Bankruptcy Code
    March 2, 2015

    This article addresses issues to consider when purchasing real estate assets in bankruptcy including other parties with rights to the property, which leases or other interests may exist, and the intentions of current tenants and other parties in interest.

  • Hot Topics in Bankruptcy
    August 15, 2012

    Bankruptcy can be an important financial tool. Through the Chapter 11 process, bankruptcy can allow a company to restructure its debt and become a more efficient and profitable business, without the threat of looming creditors. There are many benefits to a Chapter 11 proceeding. For example a corporation’s existing management can stay in control of the business as a Debtor in Possession (DIP) as long as it continues to exercise reasonable business judgment and does not act in an incompetent or fraudulent manner.