Bankruptcy Law

As a firm that focuses its practice on issues that affect creditors, Jimerson Birr regularly works with secured lenders, as well as unsecured businesses with consumer debt and business-to-business non-payment claims. Our firm advises clients nationwide on bankruptcy and restructuring matters that cross legal and geographical borders. Our firm has developed an ability to understand both the legal and economic landscape of highly complex, multi-jurisdictional restructurings and petitions. Clients appreciate the thoroughness of our approach, as our lawyers endeavor to employ hard-hitting, analytical and innovative thinking to structure creative solutions and foster maximum creditor recovery.

Services for Creditors

Most creditors have a right to recover a share of available assets from debtors who are petitioning for bankruptcy relief. Our experience and capabilities in various aspects of bankruptcy practice allows our creditor clients to recover as much as the legal system will allow and make the best of an otherwise unfortunate circumstance of a debtor filing. Jimerson Birr’s creditor bankruptcy services extend to a variety of areas, such as:

  • Representing secured and unsecured lenders and other creditors in bankruptcy court proceedings as well as in pre-petition negotiations
  • Filing proofs of claim
  • Objecting to dischargeability by commencing an adversary proceeding
  • Advising lenders with respect to workouts, refinancing and restructurings outside of bankruptcy
  • Advise trade suppliers regarding their relations with financially distressed customers, including issues such as credit enhancements, reclamation, offsets and recoupments, post-bankruptcy transactions and preference and other avoidance risks
  • Serving on creditors committees
  • Seeking recovery from non-debtor entities if available
  • Counseling on creditor impact of commercial reorganization
  • Filing motions for relief from automatic stay
  • Advising directors and officers of insolvent corporations on issues related to fiduciary duties and winding down business operations
  • Defending against preferential turnover actions
  • Counsel on assignment of bankruptcy claims to claims traders
  • Preparing security agreements and UCC filings
  • Negotiating and documenting debtor-in-possession financing and the use of cash collateral
  • Acquisition of assets from bankruptcy estates and distressed borrowers
  • Facilitating the process of foreclosure or repossession
  • Negotiating and facilitating liquidation, restructuring agreements and plans of reorganization on behalf of secured creditors seeking to prevent debtor filing

Services for Commercial Debtors

Our attorneys handle all aspects of insolvency, including pre-bankruptcy consensual debt restructuring, workouts of troubled loans, refinancing of debt, creditor-debtor litigation, and reorganizations, receiverships and liquidations both in and outside of bankruptcy. The firm has significant experience in the following areas:

  • Non-judicial loan restructuring, “workouts” and other alternatives to the bankruptcy process
  • Assignments for the benefit of creditors and other alternatives to bankruptcy

Services for Trustees and Creditors Committees

As a result of our diverse, multi-disciplinary approach to the representation of creditors and debtors in bankruptcy practice, our firm has developed a refined acumen for dealing with preference avoidance, fraudulent transfers and claims litigation that is best utilized to serve trustees and creditors committees in administering a bankruptcy estate. Our services include:

  • Full-service representation of creditors committees and trustees
  • Initiating adversary proceedings to set aside preference payments and fraudulent conveyances
  • Litigating parasitic state court claims on behalf of the estate
  • Advocate for committee in establishing restructuring agenda
  • Reconcile the diverse interests of creditors committee members and structure negotiated solutions that avoid litigation and expedite recoveries
  • Represent the trustee in all aspects of filing, with specific specialty in complicated factual and legal disputes concerning the proper treatment of the differing creditor claims, transfer avoidance, breach of fiduciary duties and alter ego liability

As set forth above, Jimerson Birr has the skills and expertise to represent creditors, and in limited circumstances debtors, in a variety of contexts, including business strategy, negotiation and, if necessary, bankruptcy filings and litigation. Our firm has been engaged to handle bankruptcy proceedings in Florida, as well as in courts in other regions of the country. Please feel free to browse our Bankruptcy FAQ’s for basics on bankruptcy law. For more information about our practice, or to discuss your legal concerns with a lawyer who understands bankruptcy law,  contact our offices today.

< Back To Top