Distressed Mergers & Acquisitions

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.

We have extensive experience in handling distressed mergers and acquisitions (M&A), whether in an out-of-court transaction, a state court receivership, section 363 sale under the Bankruptcy Code, under a plan of reorganization, or in a prepackaged or other enforcement transaction. We work with a distressed company’s management and financial advisors to craft the optimal business-focused solution. Increasingly, we also represent manufacturers who are customers of insolvent entities where the manufacturer must immediately have a unique part made by its sole source, the financially distressed supplier, who is expected to deliver the part on a “just in time” basis. 

Members of the Creditors' Rights and Bankruptcy team concentrate on the acquisition, disposition, restructuring, and development of troubled properties. We sometimes install receivers to manage those properties. Additionally, we leverage our firm’s strength in banking to provide financial institutions with counsel in connection with debtor in possession (DIP) financings and exit financings related to distressed M&A. And, we develop, negotiate, and execute reorganization strategies for all types of matters found in the asset resolution section of banks.

We often represent stalking horse buyers and other bidders in bankruptcy 363 sales. The purchase and sale of assets and businesses has developed into a significant component of commercial bankruptcy and insolvency practice. Sellers in distress situations many times utilize a bankruptcy court sale as the best way to conduct an orderly sale process and achieve the best value for their creditors and stakeholders. Similarly, the purchasers of distressed assets appreciate the value and protections afforded in a bankruptcy court blessed asset sale.

Our Attorneys

Erich Durlacher
Partner ~ Atlanta, Georgia|
(404) 685-4313
(404) 214-7387
Gene Price
Partner ~ Birmingham, Alabama|
(205) 458-5328
(205) 244-5698
James Roberts
Associate ~ Birmingham, Alabama|
(205) 458-5322
(205) 244-5624
Graham Stieglitz
Partner ~ Atlanta, Georgia|
(404) 685-4316
(404) 214-7923
George Taylor, III
Partner ~ Birmingham, Alabama|
(205) 458-5254
(205) 244-5711

Experience Matters

Brief sentence defining representative matters.

  • Remediation Projects

    Represented clients in voluntary remediation projects, state agency-directed cleanups and brownfield transactions/remediation projects.
  • Disposition of Assets

    Represented Bill Heard Enterprises in the disposition of 8 automotive dealerships and the winding down of 12 other dealerships during the first quarter of 2009. Dealerships were located in Tennessee, Nevada, Florida, Georgia, Texas and Alabama. Transactions were negotiated and closed as part of the Chapter 11 reorganization of Bill Heard Enterprises and its subsidiaries conducted in the United States Bankruptcy Court for the Northern District of Alabama. The firm handled the bankruptcy proceeding and dealt with complex franchise and financing issues in conveying the assets to eventual purchasers. Sales procedures included controlled auction sales of several of the businesses.
  • Federal False Claims Act

    Represented litigants in federal False Claims Act case involving RCRA, FIFRA, TSCA, CAA and CWA violations at chemical manufacturing facility.
  • Remediation Projects

    Counsel in voluntary remediation of drycleaner contamination and tenant dispute.
  • Sale of Assets

    Represented National Car Credit, Inc., a finance and insurance services company with operations in four states, in the sale of substantially all its assets to Crescent Bank and Trust Company, Baton Rouge, Louisiana. The transaction closed in the second quarter of 2009. Assets consisted primarily of active retail installment contracts and other accounts receivable, as well as tangible personal property and related systems and software. Real estate assets were also conveyed.