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Bankruptcy & Business Restructuring

Bankruptcy presents strategic opportunities for businesses to address a variety of complex financial and legal concerns. It offers creditors, lenders, bondholders and other interested parties opportunities to obtain marketable securities for their investments or other value for their claims. Bankruptcy presents strategic and financial buyers with opportunities to acquire businesses and assets. Bankruptcy also offers debtors relief from creditors’ actions and time to formulate plans to reorganize.

The Bankruptcy & Business Restructuring Practice at Ropes & Gray, nationally recognized as a “sophisticated, high-quality” practice by Chambers USA, has extensive experience representing clients in bankruptcy cases and distressed situations throughout the United States. Our attorneys work closely with our clients to help them achieve their business objectives in the bankruptcy or other insolvency contexts.

Diverse Clients

Our clients include:

  • Private equity and hedge funds
  • Portfolio companies
  • Distressed companies
  • Investment companies and major institutional investors
  • Major retailers and suppliers
  • Claims purchasers
  • Financial and strategic acquirors of troubled businesses, leases, assets and intellectual property
  • Boards of directors
  • Official and informal committees of bondholders, creditors and equity holders
  • DIP lenders
  • Banks and other financial institutions

In-Depth Experience

At Ropes & Gray, our highly skilled bankruptcy and business restructuring attorneys are some of the most experienced in the field. For decades, our lawyers have represented clients throughout the country, in virtually every form of insolvency and workout.

We regularly represent clients with respect to:

  • All forms of bankruptcies, insolvencies, liquidations, restructurings, and workouts
  • Third-party acquisitions of businesses, leases, assets, and intellectual property
  • Contentious insolvency litigation, including litigation with respect to leveraged buy-outs, debt recharacterization, lease recharacterization, breach of fiduciary duty, insiders, fraudulent transfer claims, and preferences
  • Bond defaults
  • Troubled loan syndications and asset securitizations
  • Mezzanine and second lien financings
  • Post-petition and exit financings
  • Publicly offered debt and hybrid-equity securities
  • Tax-related issues, including credit enhancement transactions in public, private and tax-exempt financings
  • True-sale and non-consolidation opinions
  • Valuation issues
  • Chapter 9 municipal reorganizations
  • Chapter 11 corporate reorganizations
  • Enforcement of rights under the Uniform Commercial Code

 

National Scope

From our offices in Boston and New York City, our bankruptcy attorneys represent clients seamlessly across the country. We have had recent engagements in major cases in New York, Delaware, Illinois, Toronto, Massachusetts, California, Colorado, Maryland, New Jersey, Texas, and Virginia. Whether helping pursue complex bankruptcy litigation in multiple jurisdictions, or providing straightforward business restructuring guidance, we offer clients the highest level of service, skill and business-oriented guidance.

Representative Restructuring Engagements

  • Manhattan Investment Fund Limited - We represented the Chapter 11 Trustee in this major international hedge fund fraud case. 
  • Trump Hotels and Casino Resorts – We represented the independent directors of Trump Hotels and Casino Resorts, Inc. both before and during the Chapter 11 case in the District of New Jersey.
  • KB Toys - We represent Bain Capital, KB's equity sponsor, with respect to potential claims against Bain.
  • Enron Corporation – We represent Fleet in the Enron Megabank litigation.
  • High Voltage Engineering Corporation - We represent a committee of both the first and second lien lenders in this Chapter 11 case. 
  • Impath – We successfully represented Genzyme Corporation in its purchase of substantially all assets of Impath, Impath Physicians Services and Analytical Services, a business unit of Impath Predictive Oncology, in the Chapter 11 case in the Southern District of New York.
  • US Internetworking – We represented the purchaser in the acquisition of this leading Internet application service provider, through a Chapter 11 plan of reorganization in Maryland.
  • Archibald Candy Corporation - We acted as counsel to the bondholders committee in the restructuring of this national manufacturer and retailer of chocolate candy (under the names Fannie May and Fannie Farmer).
  • York Funding (Cayman) Limited - We acted as legal advisor to an informal committee in this restructuring, complicated by claims against directors and officers, misconduct by indenture trustee, and an involuntary bankruptcy case filed by a subordinated creditors committee.
  • Genuity -  We represented this major Internet access provider as debtor in possession in the Chapter 11 case in New York.
  • Colorado’s Ocean Journey - We acted as legal advisor to an informal tax-exempt bondholders committee in liquidating the Denver Aquarium under Chapter 11 in Colorado.
  • House2Home – We represented a major retailer in this California Chapter 11 case and related litigation, regarding potential guaranty liability in excess of $200 million.
  • Bob's Stores - We successfully represented The TJX Companies, Inc. in its acquisition of Bob's Stores in the Chapter 11 case in Delaware.

Contact

For further information on this area of practice, please contact:


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