Focus
Levenfeld Pearlstein's Restructuring & Insolvency Service Group shepherds its clients through difficult situations by combining sophisticated business advisory skills with creative and practical legal counsel. The group has significant experience representing companies and various constituents, including debtors, committees, trustees, creditors, asset purchasers, third party plan proponents, and post-confirmation trusts. The group's experience includes advising boards with respect to their fiduciary duties, representing private equity and hedge funds in distressed M&A transactions, and representing parties in virtually all facets of out-of-court workouts and bankruptcy proceedings. It also maintains a broad range of relationships with both traditional and non-traditional financing sources for multi-level debt structuring and real estate financing. Ultimately, in consultation with its clients, Levenfeld Pearlstein aggressively pursues a favorable result.
Overview
Our experience representing creditors is extensive: we handle real estate workouts and defend lenders in lender liability class actions, avoidance actions and preference situations. We also represent lenders and purchasers in workouts, in the sale and purchase of assets, assignments for the benefit of creditors (ABCs), Section 363 sales of assets in bankruptcy courts, and UCC asset sales.
Our clients invest in us to get their money back. This gives us a ferocious incentive to see that their investment is returned. How are we different than our skilled competitors? Our clients tell us that our approach is particularly comprehensive. Instead of diving in, we start by bulletproofing our client's files.
We first review the matter’s documentation and prepare a quick legal and collateral analysis to identify any barriers. We search public records to understand the matter’s background and the current environment. We determine the best course for maximum recovery, whether it is restructuring the debt, disposing of the assets, exercising out-of-court remedies, or seeking court help. After agreeing on the strategy with our client, we aggressively pursue a favorable result.
We make it our business to be in the inner circle in a bankruptcy or workout situation: we know the players, assignees and trustees, lawyers and judges. Our bankruptcy litigators have the knowledge and the guts to make things happen, and are ably supported by team members in relevant areas – real estate, corporate, intellectual property, securities, tax, employment and banking. We have significant experience and contacts in financing circles, and a unique understanding of technological assets in the context of a workout that most other firms pass over.
We temper our approach to each situation, rather than have one speed for all types of workouts. For example, when a borrower files for bankruptcy without warning, it can create a creditor competition for collateral, so speed is critical. We want to take charge early. In a battle for finite resources, we seek to identify and control the assets before others can get to them, thus ensuring that we are negotiating from strength.
When nothing is to be gained from a costly bankruptcy proceeding, we help clients cut their losses. Throwing good money after bad makes no sense, and we will not pursue a losing matter.
Some debt-related situations are sprints, others are marathons, and we are prepared for either scenario. From sophisticated to simple, coast to coast, directly or with our tight network of local counsel, whatever our clients’ need, we are ready.
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