Although “bankruptcy” is a convenient shorthand for our practice, it does not cover the comprehensive services we provide. While our lawyers appear frequently in courts around the country on behalf of creditors and debtors in complex cases under chapter 11 of the Bankruptcy Code, bankruptcy rarely is our first option or focus when advising clients. Quite often, a negotiated, out-of-court settlement or financial restructuring is preferable to contested bankruptcy proceedings. In other instances, chapter 11 serves as a mechanism to implement a pre-negotiated sale of assets or a restructuring plan. Our goal is never to allow a client, whether debtor or creditor, to find itself involved in bankruptcy case without a clear plan for getting out.

Because bankruptcy can be a costly, traumatic process, we try, whenever possible, to help our clients avoid it altogether. In many instances, however, bankruptcy can be a creative means to achieve positive results. On those occasions when bankruptcy is necessary, our objective is a controlled, structured chapter 11 reorganization or orderly liquidation. We have enjoyed considerable success in helping our clients avoid “free fall” bankruptcy situations where everyone loses. Through negotiation, hard work and imaginative thinking we strive to provide our clients with the best possible results in often difficult, even critical, circumstances.

Our work is centered on complex business cases. We generally do not handle consumer bankruptcies. Our clients are distressed businesses, both public and private companies, and the banks and other institutions that lend to them. We also represent a wide range of clients that have sold goods or services to, or entered into leases, supply agreements or other contracts with, companies that find themselves in financial distress. Another of our specialties is representing investors and other companies that buy businesses out of bankruptcy. Working with our corporate practice group, we have been successful in helping clients buy assets and preserve going concern value free and clear of the financial difficulties of the former owners. An additional component of our practice is representing companies and individuals that have been sued for preferences, fraudulent transfers and other bankruptcy-related claims. These cases resemble more traditional, non-bankruptcy litigation. Our lawyers have tried dozens of cases to verdict before various bankruptcy courts and federal district courts. We also have an extensive bankruptcy appellate practice.

Regardless of the type of case, first and foremost our goal is to find practical solutions with a minimum of risk, exposure and expense. When a positive resolution is not possible, we are prepared to go to court and fight for our clients’ interests. Our lawyers have significant experience handling contested confirmation hearings, stay relief litigation, and other contested matters. Our practice is national in scope. While the largest single component of our practice involves cases in Alabama, our lawyers appear before courts all over the country, including, in recent years, Arizona, California, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia, West Virginia and Wisconsin.

We are fortunate to be part of a large firm that offers expertise on a comprehensive range of legal areas of interest to business debtors. We work closely with our other practice groups to enhance the services we provide in the bankruptcy area and the services they provide in other areas, such as real estate, health care, tax, labor and employment, mergers and acquisitions, environmental law, banking, construction, intellectual property and general litigation. For example, we have developed a significant practice at the intersection of bankruptcy and general litigation, handling complex removal and remand issues, jurisdictional battles, and bankruptcy-related class actions. We also have developed a national practice in construction bankruptcies, representing construction creditors in cases filed by owners, general contractors and subcontractors, such as the Encompass bankruptcy in Texas, the Atkinson bankruptcy in California, the Resort at Summerlin bankruptcy in Nevada and the Stone & Webster bankruptcy in Delaware. We represented the debtors in the J.A. Jones chapter 11 cases in Charlotte, North Carolina, which involved one of the largest construction, engineering, procurement, management and services conglomerates in the world.

Areas of Practice

Secured Creditor Representation

Debtor Representation

Business Acquisitions

Bankruptcy Litigation

Unsecured Creditor Representation