A record number of business failures continue to plague our economy. In such a climate, creditors need to know that they have avenues for recourse and a team of effective advocates when they learn of the financial insolvency or bankruptcy filing of one of their debtors.  At Smith Debnam, our lawyers can provide a complete scope of legal capabilities to assist clients at every stage of an insolvency-related issue. Smith Debnam has built a reputation for developing innovative and insightful solutions in response to economic challenges and providing options to maximize recovery for our clients.

Pre-Default Advice and Counseling

Workouts and Loan Restructuring

• Provision of default notices
• Acceleration and enforcement of loan documents against real and/or personal property in both state court and bankruptcy court on behalf of lenders
• Pursuit of guarantors of commercial secured and unsecured loans
• Modification and restructuring of credit arrangements
• Negotiation and documentation of loan forbearance, restructuring and extension agreements
• Negotiation of intercreditor and subordination agreements
• Acquisition and sale of financially troubled entities
• Extensions of credit and sales to financially troubled entities
• Creditor representation in state court receivership matters

Bankruptcy Creditor Representation

• Negotiation of post-petition financing arrangements
• Contesting financing arrangements and plan confirmations that do not adequately protect our clients’ interests
• Protecting the interests, rights, and collateral of creditors, including the filing of proofs of claim and defending against objections to our clients’ claims
• Analysis of filings to ascertain whether they are proposed in good faith
• Defending against attempts to “cramdown” the secured value of our clients’ collateral
• Drafting, negotiating, and filing reaffirmation agreements
• Argument of first day motions
• Protection of cash collateral
• Maximizing value through court-authorized asset sales
• Obtaining orders for adequate protection or relief from the automatic stay
• Enforcement and protection of executory contracts and leases
• Bankruptcy-related litigation and adversary proceedings, including defense against preference, fraudulent transfer, and other avoidance actions
• Appeals of bankruptcy court decisions to federal district court
• Setoff and reclamation claims
• Claims for statutory or equitable subordination
• Challenging a debtor’s discharge or the dischargeability of a claim
• Representation of official committees of unsecured creditors in Chapter 11 bankruptcies
• Representation of financial institutions and creditors in claims arising from distressed credit situations or counterclaims brought by debtors alleging impropriety or breach of fiduciary duties in performance and enforcement of loan obligations
• Representation of creditors seeking to place an insolvent debtor into involuntary bankruptcy