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.
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
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.
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
- Hedge funds, private equity funds and venture capital funds
- Bank and non-bank lenders and lender groups
- Contract counterparties
- Landlords and commercial tenants
- Indenture trustees and administrative agents
- Directors and officers
- Professional services firms