Burr & Forman's commitment to the changing needs of lenders and creditors is evidenced by its substantial Creditors' Rights and Bankruptcy practice.
Burr has nearly 50 attorneys concentrating in this area of law, making the firm one of the largest bankruptcy practice groups in the Southeast. This allows individual attorneys the ability to focus on narrow specialties. Our team of attorneys are continuously listed as leading practitioners in Bankruptcy/Restructuring by the highly regarded Chambers USA in addition to the firm being ranked in Alabama, Florida and Georgia.
For more than three decades, our creditors’ rights attorneys have been actively involved in major bankruptcy proceedings in the Southeast and beyond. Our work began with an emphasis on representing major secured lenders in Chapter 11 bankruptcies but our practice has evolved far beyond its initial role to include representation of business debtors as well. Our substantial experience in this area includes representation of clients in the manufacturing, real estate, health care, agriculture, retail, education, and construction industries. On the creditor side we represent secured creditors, such as financial services institutions, asset-based lenders, and local, regional, and national banks, as well as REITs, equipment sellers, and lessors.
We have extensive experience representing official creditors’ committees, bank debt and ad hoc creditor groups, secured lenders, equity holders, derivative and swap counterparties, and other creditors in out-of-court reorganizations, debt restructurings, enforcement processes, liability management strategies, and bankruptcy proceedings.
Typical engagements include:
- Representing debtors, committees, and major creditors in Chapter 11 cases
- Acquiring companies through Chapter 11
- Negotiating and litigating the terms of debtor-in-possession financing, use of cash collateral, adequate protection, and relief from automatic stay
- Participating in the Chapter 11 Plan process, including drafting and confirming creditors’ and debtors’ Chapter 11 plans
- Prosecuting or defending fraudulent transfer and preference actions as well as equitable subordination actions
- Establishing, negotiating, and litigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance, and other avoidance actions
- §363 sales
- Out-of-court debt restructuring and workouts
- Dealing with problem real estate loans and commercial leases
Additionally, our Creditor Committee representation is able to advise the committee on all matters pertinent to Chapter 11 proceedings, including, among other things: (i) the debtor's ability to sell substantially all of its assets with expedited notice, (ii) a debtor's financing and restructuring strategy, (iii) the validity and/or extent of secured creditors' liens and claims, (iv) valuation and solvency of a debtor and/or its assets, (v) the validity and prosecution of potential bankruptcy and non-bankruptcy related causes of action, and (vi) the most effective and efficient means of maximizing value for unsecured creditors.