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Creditors' Rights & Business Reorganization

Tannenbaum Helpern’s Creditors' Rights and Business Reorganization practice represents lenders, investors, purchasers of distressed companies and assets, landlords, vendors, indenture trustees, administrative agents and other parties in insolvency-related matters nationwide. Tannenbaum Helpern’s bankruptcy attorneys work closely with attorneys in the Firm’s litigation, corporate, financial services, real estate and employment practices to provide seamless and comprehensive services to effectively and efficiently address insolvency and restructuring matters.

Representative Services

Bankruptcies and Out-of-Court Workouts

Tannenbaum Helpern represents secured and unsecured creditors and investors in complex Chapter 11 reorganizations, Chapter 7 liquidations and out-of-court workouts. We have also been involved in complex cross-border insolvency proceedings, including Chapter 15 cases.

Our industry experience includes automotive, aviation, distribution, entertainment, financial services, gaming, hospitals/healthcare, manufacturing, media, real estate, retail, staffing and telecommunications.

Distressed Mergers & Acquisitions

Tannenbaum Helpern attorneys are well-equipped to handle all issues that typically arise in distressed M&A transactions, including in Section 363 sales, non-bankruptcy transactions and foreclosures. These issues include establishing the entity that will acquire the assets, performing legal due diligence, negotiating all necessary purchase and sale documentation, negotiating and developing bidding and auction procedures in Section 363 sales, advising on incentive programs for key employees, and litigating contested bidding procedures and auction results.

Insolvency-Related Litigation and Creditors’ Rights

Tannenbaum Helpern attorneys represent clients in a wide array of debtor/creditor disputes and intercreditor disputes, including preference and fraudulent transfer litigation, lender liability claims, litigation over disputed bankruptcy claims, plan confirmation disputes and equitable subordination litigation, We stand ready to litigate these types of matters through trial and appeals, as necessary.

Tannenbaum Helpern represents secured lenders in foreclosures, as well as in credit-bidding for their collateral in bankruptcy auctions. We also advise clients regarding creditors' rights issues arising in asset securitization and real estate acquisitions, sales, financing and foreclosures.

Transaction Structuring and Legal Opinions

Outside of the immediate insolvency domain, Tannenbaum Helpern’s Creditors’ Rights & Business Reorganization practice works with the Firm’s corporate practice on M&A and financing transactions to minimize clients’ insolvency and bankruptcy-related risks. Tannenbaum Helpern attorneys negotiate and prepare intercreditor agreements and agreements among lenders, and structure and document structured finance transactions. We also perform legal analysis and prepare legal opinions with respect to substantive consolidation, fraudulent conveyance, letter of credit and other bankruptcy-related issues.

Distressed Trading and Special Situations Investment Review

Tannenbaum Helpern advises purchasers and sellers of bank loans, bond debt, trade claims and equity positions in distressed debt and special situations investment transactions, as well as analyzing credit structures and reviewing covenant packages and other provisions of credit agreements and indentures to determine the rights and remedies that may be available to lenders and equityholders. Our attorneys assess litigation strategies that may be available to investors in their capacity as lenders, bondholders and equityholders.

Professional Retention and Fee Matters

With deep experience in representing professional services firms (such as accounting firms, financial advisors and investment banks) in professional retention and fee matters in Chapter 11 bankruptcy cases, Tannenbaum Helpern attorneys have handled many contested retention and fee matters for these firms in bankruptcy courts across the country.

Representative Cases

Members of Tannenbaum Helpern’s Creditors' Rights and Business Reorganization practice have represented significant parties in many notable insolvency cases, including:

  • Amtrol Inc.
  • Atrium Corporation
  • Bernard L. Madoff Investment Securities LLC
  • Buffets Inc.
  • Calpine Corporation
  • Dana Corporation
  • Delphi Corporation
  • Delta Air Lines Inc.
  • Evergreen Solar, Inc.
  • Fairfield Sentry Limited
  • Fairway Group Holdings Inc.
  • Federation Employment and Guidance Service Inc. (d/b/a FEGS)
  • FLAG Telecom Holdings Limited
  • Freedom Communications Holdings, Inc.
  • J.L. French Automotive Castings, Inc.
  • Louisiana Riverboat Gaming Partnership (Legends Gaming, LLC)
  • Lehman Brothers Holdings Inc.
  • Lehman Brothers Inc. (SIPA proceeding)
  • Lehman Brothers International (Europe) Limited
  • MF Global Holdings Ltd.
  • Nortel Networks Inc.
  • Premier International Holdings Inc.
  • Saint Vincent Catholic Medical Centers
  • Solutia Inc.
  • Vectrix Corporation

Representative Clients

  • Hedge funds, private equity funds and venture capital funds
  • Bank and non-bank lenders and lender groups
  • Vendors
  • Contract counterparties
  • Equityholders
  • Landlords and commercial tenants
  • Indenture trustees and administrative agents
  • Directors and officers
  • Professional services firms
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Tannenbaum Helpern Syracuse & Hirschtritt LLP provides legal advice only to individuals or entities with which it has established an attorney-client relationship and such advice is based on the particular facts and circumstances of each matter. Contacting us through this site, or otherwise, will not establish an attorney-client relationship with us. Any e-mail or other communication sent to THSH or its lawyers through this site will not be treated as subject to the attorney-client privilege or as otherwise confidential and you should not include any confidential information in any such communication.