Epstein Becker Green's Bankruptcy and Corporate Reorganization lawyers provide responsive, cost-effective, and results-oriented counsel to a wide variety of clients. We handle bankruptcy- and insolvency-related representations of virtually any size and complexity, out-of-court restructurings, and the full range of distressed business and asset transactions throughout the country. Our clients include debtors and debtors-in-possession, secured and unsecured creditors, lenders, factors, trustees, receivers, investment bankers, and creditor and equity committees.

Our team has handled bankruptcies and business reorganizations in various industries, with particular emphasis on health care and life sciences, distribution, entertainment, manufacturing, real estate, retail, and technology. Drawing on the knowledge of Epstein Becker Green’s antitrust, capital markets, corporate governance, employee benefits, environmental law, health care and life sciences, intellectual property, labor and employment, litigation, products liability, real estate, and tax lawyers, as well as their own experience in these disciplines, our Bankruptcy and Corporate Reorganization lawyers are able to provide clients with comprehensive and value-added solutions to the myriad problems that can occur in bankruptcy and insolvency matters.

Our Services

Epstein Becker Green's Bankruptcy and Corporate Reorganization lawyers:

  • Structure and implement distressed asset acquisition and disposition transactions across a variety of industry lines
  • Guide sellers in all phases of the sale process, including developing necessary data, coordinating due diligence, soliciting and evaluating offers, negotiating transaction agreements, conducting auctions, obtaining court approval where required, and directing closing and post-closing activities
  • Represent buyers in connection with the acquisition of going-concern businesses, at both the company and the division level, as well as acquisitions of inventory, fixtures and equipment, commercial leases, intellectual property rights, and other distressed assets
  • Provide creative acquisition strategies, and sometimes bring clients together to form joint ventures
  • Counsel management, when they bid, and secured creditors whose collateral is subject to a bid
  • Represent buyers of claims against distressed entities
  • On behalf of both secured lenders and factors, document loans, receivable fundings, and other forms of financial accommodations; implement mechanisms to protect collateral value; and develop strategies to extricate lenders and factors from distressed situations

Besides handling diverse insolvency-related transactional matters, we have successfully negotiated, litigated, and/or investigated many bankruptcy and insolvency issues, including, but not limited to:

  • Adequate protection
  • Assumption and rejection of executory contracts and unexpired leases
  • The automatic stay
  • Bankruptcy appeals
  • Bankruptcy fraud
  • Breach of fiduciary duty and D&O claims
  • Cash collateral
  • Contested confirmation of reorganization plans
  • Dischargeability of debts
  • Exclusivity
  • Foreclosure
  • Fraudulent conveyances
  • Lender liability
  • Objections to claims
  • Preferential transfers
  • Reclamation claims
  • Substantive consolidation
  • Turnover demands
  • Valuation disputes

Our lawyers have appeared before federal bankruptcy, district, and appellate courts nationwide, as well as in state and federal court attachment, levy, injunction, and collection actions.

In addition, our Bankruptcy and Corporate Reorganization lawyers are particularly adept in the area of health care-related financial restructurings. Their experience includes:

  • Representing bidders and buyers of hospitals and health care providers in Chapter 11 and state court proceedings
  • Counseling various health maintenance organizations (HMOs), preferred provider organizations (PPOs), independent physicians associations (IPAs), and other managed care providers in connection with bankruptcy litigation
  • Advising lenders and factors who provide financing, whether pre-petition, post-petition, or exit financing
  • Counseling investment bankers regarding insolvent health care providers and the structuring of reorganization plans
  • Advising financially troubled health care debtors in out-of-court workouts
  • Handling state law rehabilitation and liquidation proceedings involving HMOs and commercial insurers

Representative Cases

  • Bethany Holdings Austin Apartments, LLC (Santa Ana, CA)
  • FAO, Inc. (Wilmington, DE)
  • Fortunoff Holdings LLC (New York, NY)
  • Island One Resorts, Inc. (Orlando, FL)
  • Le Gourmet Chef, Inc. (Newark, NJ)
  • National Wholesale Liquidators, Inc. (Wilmington, DE)
  • Roper Brothers Lumber Company, Inc. (Richmond, VA)
  • St. Vincent's Catholic Medical Centers of New York (New York, NY)
  • Sonix Medical Resources, Inc. (Central Islip, NY)