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Restructuring

Rimon is a national and international law firm with a full range of experience under all chapters of the bankruptcy code, including cross-border bankruptcies under chapter 15. Rimon’s Restructuring team has represented all major constituents in the bankruptcy setting, including debtors, secured creditors, committees of unsecured creditors, bondholder committees, and other parties in interest.

We have the expertise to advise the full range of clients, from large multinational corporations to insiders of small corporations, across industries, including high tech, manufacturing, agriculture, retail, and real estate. Under tight deadlines that are typical of bankruptcy, our attorneys are adept at digesting vast amounts of information, understanding its implications, and drawing concise and decisive legal and strategic conclusions. Our bankruptcy litigation attorneys have pursued and defended claims and avoidance litigation for debtors, creditors, committees, trustees, post-confirmation trusts, and defendants, from “mega cases” to smaller, individual matters. Through litigation, we have achieved significant results for clients including increasing recovery from 2% to 50% on a general unsecured claim by suing the secured lenders for equitable subordination, slashing the administrative liability of an agricultural cooperative by more than 50%, resolving more than 4,000 claims totaling more than $1.6 billion in one case, and confirming a client’s competing plan of reorganization at a contested confirmation hearing.

Working seamlessly with each other, our Restructuring team draws upon the skills of attorneys across our practice groups, including, Finance, Tax, Real Estate, Corporate, Employee Benefits and Executive Compensation, Employment Law, Commercial Litigation, Antitrust, and Mergers & Acquisitions.  We are prepared to handle all the issues that arise in the insolvency setting. In addition to bankruptcy, we are qualified to act as fiduciaries appointed to fill a wide variety of roles including receivers, trustees, litigation trustees, plan trustees, examiners, disbursing agents and plan implementation agents in both state and federal court and we have extensive experience in multiple jurisdictions with foreclosures and workouts related to troubled loans, distressed assets, the appointment of receivers, and other prejudgment remedies.

Representative matters of Rimon's Restructuring attorneys include:

  •  Represented debtor in chapter 11 liquidation of nationwide retail chain:  negotiating DIP financing; effecting sale of assets, including IP, to strategic purchaser; and resolving lessor claims, executory contract claims, and administrative, priority, and unsecured claims.
  • Represented US operations of international milk producer in cross-border restructuring of entire group.
  • Represented liquidating trustee in chapter 11 of major paper manufacturing company, resolving 4,000 claims totaling more than $1.6 billion and smoothly winding down case.
  • Resolved employee priority and priority tax claims in chapter 11 of major nationwide electronic retail chain.
  • Represented C Suite officers whose non-qualified compensation agreements were at risk in bankruptcy.
  • Represented and advised businesses regarding benefit obligations and plan status in bankruptcy proceedings.
  • Represented bondholders in taking control of and obtaining multi- tranche exit financing of steel manufacturing company upon Chapter 11 emergence.
  • Represented second lien lenders in connection with a cross-border $145 million DIP financing and a cross-border $160 million Chapter 11 exit financing for an international bus manufacturer.
  • Represented secured creditor in contested confirmation hearing in Bankruptcy Court regarding $16 million loan for a retail shopping center in Nevada. Negotiated favorable workout to include confirmation of competing chapter 11 plan of reorganization.
  • Represented a special servicer for approximately $160 million in commercial loans secured by multiple hospitality assets in Innkeepers USA Trust's bankruptcy proceedings in the U.S. Bankruptcy Court for the Southern District of New York.

Related Practice Areas

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  • Pre-litigation Counseling
  • Class Actions
  • Government Civil Proceedings
  • Internal Compliance Litigation
  • Licensure Disputes and Proceedings
  • Managed Care Network Disputes
  • Pharmaceutical Pricing Litigation
  • Services Contract Disputes
  • Alternative Dispute Resolution
  • Expert Witness Services
  • Alternative Dispute Resolution Proceedings, including arbitration and mediation
  • All Stages of Litigation, including trial, as well as appellate proceedings

Rimon advises sponsors of private investment funds across a wide spectrum of asset classes, investment strategies and delivery vehicles, including:

  • Hedge funds that engage in long short, global macro, event-driven, multi-strategy, market neutral, relative value and commodities strategies.
  • Private equity funds.
  • Funds of funds and master feeder funds.
  • Venture capital funds.
  • Leveraged buyout funds.
  • Real estate funds.
  • Charitable funds.
  • Family office funds.
  • Special purpose investment vehicles.

We counsel private fund sponsors on structuring, operational and distribution matters, including: 

  • Conditions to the availability of exclusions from the 1940 Act.
  • Application of ERISA's plan assets regulation to various fund structures.
  • ERISA issues related to seeding investment funds with employer 401(k) and IRA accounts.
  • Negotiation of key service provider agreements, including advisory agreements, administration agreements, custody agreements; prime brokerage agreements and placement agency agreements.

We partner closely with local counsel in offshore jurisdictions to ensure efficient and well-coordinated new fund launches.

  • Revocable Living Trusts
  • Irrevocable Children's Trusts
  • Generation Skipping Trusts
  • GRATs
  • Family Limited Partnerships
  • Charitable Remainder Trusts
  • Estate & Gift Tax Minimization
  • Private Family Foundations
  • Asset Protection
  • Family Business Planning

Attorneys in Rimon’s Restructuring Team