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Bankruptcy and Creditors’ Rights

Rimon is an international law firm with a full range of experience in all aspects of bankruptcy and restructuring. Rimon’s Bankruptcy and Creditors’ Rights team has represented all major constituents in bankruptcy and state insolvency proceedings.  We represent debtors, secured creditors, committees of unsecured creditors, bondholder committees, debtor-in-possession (DIP) lenders, landlords, special servicers, trustees, receivers, assignees for the benefit of creditors, and other parties in interest.

We advise a wide range of clients, from large multinational corporations to insiders of small businesses and across industries, including technology, financial institutions, real estate, manufacturing, agriculture, retail, structured finance, law firms and other professional corporations.  Our experience in numerous industries enables us to quickly understand the complexities of our client’s business, and its operations, and to help clients implement strategic plans to successfully navigate bankruptcy, restructuring and insolvency proceedings. 

Our Rimon’s Bankruptcy and Creditors’ Rights litigation attorneys have pursued and defended all types of litigation and contested matters in bankruptcy proceedings and adversary proceedings for debtors, creditors, committees, receivers, assignees for benefit of creditors, trustees, post-confirmation trusts, and defendants, from “mega cases” to smaller, individual matters.  Through litigation, we have achieved significant results for clients, including successfully confirming and opposing plans of reorganization, increasing recoveries to unsecured creditors, slashing administrative liabilities and confirming a secured lender’s competing plans of reorganization at contested confirmation hearings.

Rimon’s Bankruptcy and Creditors’ Rights team draws upon the multidisciplinary skills of attorneys across our practice groups, including Banking and Finance, Litigation, Corporate, Tax, Real Estate, Employee Benefits and Executive Compensation, Employment Law, Structured Finance and Securitizations, and Mergers & Acquisitions.  We are prepared to handle all issues that arise in the insolvency setting.

In addition to bankruptcy expertise, we regularly represent fiduciaries in receiverships, assignments for benefit of creditors, and other state insolvency proceedings, including receivers, assignees for benefit of creditors, trustees, examiners, disbursing agents and plan implementation agents.  We also have extensive experience in multiple jurisdictions with foreclosures and workouts related to troubled loans, distressed assets, the appointment of receivers, and other prejudgment remedies.

Some of the Matters We Routinely Handle Are:

Chapter 11 Reorganizations and Liquidations

  • Represent debtors and creditors’ committees in all aspects of Chapter 11 cases
  • Prosecute or defend motions to dismiss bankruptcy proceedings, including involuntary filings
  • Prosecute objections to Chapter 11 plans to protect or preserve client interests or claims
  • Negotiate liquidating or reorganization plans to incorporate and effectuate global settlement agreements

Creditor Remedies

  • Prosecute and defend objections to proofs of claim
  • Prosecute and defend setoffs and recoupment claims
  • Bankruptcy proof pre-bankruptcy settlements of disputes and recovery actions
  • Negotiate settlements allowing secured, unsecured, priority, and administrative expense claims, including recovery of attorney’s fees
  • Prosecute critical vendor, reclamation and bankruptcy priority claims for sales of goods
  • Prosecute motions for relief from stay

 Out-of-Court Restructurings

  • Represent investors, lenders, borrowers, and servicers in out-of-court restructurings
  • Represent national banks as trustees regarding distressed CDO, CLO, CBO and other related transactions

Avoidance Actions

  • Prosecute and defend preference, turnover, fraudulent conveyance and other avoidance actions

Contract and Lease Disputes

  • Represent contract parties in a variety of disputes regarding assumption, assignment and rejection of executory contracts and leases
  • Litigate and resolve claims for post-petition rents, royalties and other contract amounts owing, cures of contract defaults, and rejection damages claims
  • Litigate enforcement actions to terminate debtor contracts and leases, to prevent assumption and assignment of contracts or leases, to avoid liability for failure to perform post-bankruptcy contracts, and to respond to ongoing debtor defaults

Real Estate Matters

  • Prosecute motions for relief from stay to foreclose on liens
  • Object to debtor use of cash collateral without adequate protection
  • Object to Chapter 11 plans or debtor valuation motions to preserve client secured claims
  • Litigate actions against guarantors of secured real estate loans

Sales and Acquisitions in Bankruptcy, Receiverships, and Assignments for Benefit of Creditors

  • Advise buyers in negotiating purchase of assets from financially troubled sellers
  • Represent buyers and sellers in bankruptcy cases, receiverships and assignments for benefit of creditors
  • Perform key due diligence
  • Negotiate sales free and clear of liens and claims
  • Negotiate bidding procedures and stalking horse protections

Complex Litigation and Settlements

  • Negotiate complex settlements in mass tort bankruptcies
  • Represent clients in multi-forum litigation re: impact of automatic stay and bankruptcy court jurisdiction
  • Prosecute motions to avoid litigating disputes in debtor’s home court via abstention, relief from stay, withdrawal of reference and dismissal for lack of subject matter jurisdiction

Environmental Matters

  • Represent clients in bankruptcy and insolvency matters involving contaminated sites
  • Advise clients regarding the dischargeability of environmental obligations and claim disputes with regard to indemnity and reimbursement claims
  • Assist clients in enforcing contract obligations and indemnity rights regarding the clean-up and decommissioning of contaminated sites
  • Negotiate multi-party settlements of contamination claims in bankruptcy and insolvency matters
  • Represent clients in purchase and leasing of contaminated property in bankruptcy cases

Joint Venture, Strategic Partner or Vendor Matters

  • Represent solvent partners in bankruptcies and insolvencies of joint ventures and partnerships
  • Advice and counsel to clients to minimize impact of bankruptcies or insolvencies by key vendors or strategic partners

Construction Matters

  • Represent creditors committee and liquidating trustee for large, international construction company
  • Prosecute preference and avoidance actions in construction cases
  • Object to claims and negotiate settlements with vendors and subcontractors
  • Litigate and resolve a variety of disputes between senior lenders, sureties, lien claimants and other contract parties on various construction jobs

Related Practice Areas

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  • Advice & Counseling
  • Employee Compensation
  • Benefit Plans & Arrangements
  • Compensation Negotiation & Documentation
  • Competitive market position
  • Corporate whistleblowing
  • Corporate governance and shareholder-related matters
  • Cross-Border Employment Law Issues
  • Discrimination, Harassment & Retaliation
  • ERISA & Benefits Litigation
  • Executive Compensation
  • Financial Reporting
  • Public Disclosure
  • Retention Concerns and Succession Planning
  • Securities Law Compliance
  • Traditional Labor Law
  • Wage-and-Hour
  • Withdrawal 

Attorneys in Rimon’s Bankruptcy and Creditors’ Rights Team