PRACTICE TEAMS
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BANKRUPTCY AND CREDITORS’ RIGHTS
Related Practice Areas
Business Debtor Representation
If a company has fallen into financial distress, the advice of legal counsel can make the difference between reorganization and liquidation. Gregory Kaplan, PLC offers the expertise and practical experience to achieve a cost-effective solution. We will assess the situation, explain the risks and benefits of the available options, and navigate clients through the bankruptcy process to achieve the client’s goals. Our lawyers possess significant experience representing debtors and debtors-in-possession of all sizes including publicly traded companies to single purpose entities and sole proprietorships.
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Creditors’ Committee Representation
The goal of a creditors’ committee in a bankruptcy proceeding is to protect the interests of its constituents by preserving the bankruptcy estate. In virtually any case that justifies the formation of a committee, that committee will require the advice of counsel. At Gregory Kaplan, we combine our understanding of the bankruptcy process with our practical, results-based approach to advise the committee of its rights and remedies and the course of action that will best ensure that it discharges its duties while maximizing the returns to its constituents.
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Bankruptcy Litigation
Litigation in the bankruptcy context typically is a peculiar practice that requires litigation and trial skills, an understanding of the Bankruptcy Code, and the practical experience to foresee the optimal solution. Gregory Kaplan’s Bankruptcy and Creditors’ Rights Team is equipped to handle all litigation issues normally arising in bankruptcy cases, such as claim resolution, business ownership disputes, discharge and dischargeability claims, fraudulent conveyances, determination of lien rights, plan confirmation and preferential transfers.
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Preference Defense
The underlying principle behind the avoidance of preferential transfers is to further the bankruptcy policy of equality of treatment among similarly situated creditors. Receiving a demand to turn over funds paid by a debtor that were properly due is indeed a bitter pill to swallow. Our understanding of the preference laws and dynamics of the bankruptcy context enable Gregory Kaplan to counsel our clients with practical and cost efficient approaches to resolving preference demands.
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Acquisition of Distressed Assets
The savvy investor understands that financial distress of one presents an opportunity for another. Purchasing assets at a foreclosure or out of bankruptcy requires counsel in the art of the transaction and the legal procedure to ensure that the optimal result is achieved. From identification of assets, to negotiation of the purchase price, through closing, our transactional lawyers work in tandem with our bankruptcy lawyers to shepherd our clients through all phases of such an acquisition.
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Workouts and Financial Restructuring
Bankruptcy is not always the optimal solution to resolve a situation of financial distress. Gregory Kaplan’s lawyers partner with our clients to structure and negotiate out-of-court workouts to meet the objectives of all interested parties. We offer creative, cost-effective, practical solutions that often lead to results without litigation.
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Creditors’ and Landlord Rights
When dealing with a financially distressed party, a creditor must act quickly to ensure that they maximize recovery while complying with the relevant law; particularly where collateral or leased property is concerned. Our lawyers can initiate the creditor process in state or federal court at a moment’s notice to position our clients in the best posture for recovery without the added cost of extensive litigation. Of course, when negotiated solutions are not viable, we stand prepared to litigate aggressively.
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