Balance sheet restructuring

We employ several different approaches to restructuring balance sheets.  The three most common techniques are:

  • Our highly developed form of out-of-court restructuring, which we run as if the company were in bankruptcy.  We tend to stick so closely to the Bankruptcy Code, that creditors usually cooperate fully on the basis that an involuntary bankruptcy filing would not improve their position.
  • In court plan of reorganization under the Bankruptcy Code.
  • Reorganization under Article 9 of the UCC.  This requires a foreclosure and transfer of the assets to a new entity.

In addition to performing this advisory work for debtors, we also represent secured creditors in bankruptcy proceedings.  We have also acted as the secured lender in a bankruptcy on behalf of a hedge fund.