Bankruptcy & Workouts

Bankruptcy can be a difficult and complex experience, but it need not signal either the demise of a viable company or a financial catastrophe for its creditors.

The Bankruptcy Code is designed to give a struggling business breathing room to assess its options, ensure fair treatment for creditors and position the reorganized company for a fresh start. A well-managed bankruptcy can do this while the company continues to serve its customers and retain its key employees, trade vendors and suppliers. In some instances, creditors may acquire a stake in the emerging firm or some other valuable asset in return for writing off debts; at other times, solutions are based on the restructuring of debt repayment without the need for write-offs. Bankruptcy may also be an effective forum for a going concern sale of a business, especially where there are multiple liens or other factors that would make a sale outside of bankruptcy problematic.

Perkins Coie represents debtors and creditors, as well as third parties purchasing assets from bankruptcy estates. Our primary clients in Chapter 11 reorganization cases are business debtors, secured and unsecured creditors, court-appointed trustees and creditors’ committees. We also represent federally insured financial institutions, commercial mortgage-backed securities special servicers, pension fund administrators, asset-based lenders, trade creditors and public debt holders.

Unlike the clients of firms limiting their practices primarily to bankruptcy, our clients have access to the full-service resources of Perkins Coie. This means faster, more efficient service, particularly in larger, complicated Chapter 11 reorganizations. In public company cases, for example, we have achieved consolidations, resolved labor and environmental issues, provided comprehensive tax advice and resolved securities problems, including the issuance of new securities by the debtor on emergence from bankruptcy.

Our experienced bankruptcy teams across the country have the flexibility and depth to handle bankruptcy or reorganization projects of any size.