Bankruptcy & Creditors' Rights

Williams Mullen partners with regional, national and international clients to find creative solutions in loan workouts and collections, troubled company turnarounds, bankruptcy planning and proceedings, and corporate restructurings through negotiation, litigation or a transactional approach. The group is supported by other Williams Mullen lawyers working in related fields such as corporate and securities law, finance, tax, government contracts, real estate, government relations, intellectual property and labor and employment. Experience includes the representation of individual creditors and committees in reorganization and workout matters, advising buyers and sellers of distressed assets and debt, and structuring and closing a variety of debt transactions for lenders, investors and borrowers. Our partner clients reflect a broad industry array such as financial institutions, retail, communications, manufacturing and hospitality.

Services

• Documentation of Financings, Restructurings, Sales, Acquisitions and Workouts
• Fraudulent Conveyance and Preferential Transfer Analysis and Litigation
• Bankruptcy Litigation
• Foreclosure of Security Interests

Williams Mullen partners with regional, national and international clients to find creative solutions in loan workouts and collections, troubled company turnarounds, bankruptcy planning and proceedings, and corporate restructurings through negotiation, litigation or a transactional approach. The group is supported by other Williams Mullen lawyers working in related fields such as corporate and securities law, finance, tax, government contracts, real estate, government relations, intellectual property and labor and employment. Experience includes the representation of individual creditors and committees in reorganization and workout matters, advising buyers and sellers of distressed assets and debt, and structuring and closing a variety of debt transactions for lenders, investors and borrowers. Our partner clients reflect a broad industry array such as financial institutions, retail, communications, manufacturing and hospitality.

Documentation of Financings, Restructurings, Sales, Acquisitions and Workouts
Williams Mullen represents clients in the planning, negotiating and documenting debt restructurings, sales and acquisitions of assets, entities and debt instruments, and negotiated financings with the goal of enforcing and protecting their rights. Our lawyers represent lenders, landlords, issuers and borrowers in a broad variety of restructuring transactions including senior and mezzanine financings, debtor-in-possession (DIP) and letter of credit financings. We help clients manage risk relating to the sale and acquisition of assets and debt of financially distressed businesses via bankruptcy sales, reorganizations, foreclosures and other proceedings. Due to our broad range of experience, our attorneys have developed strong proficiencies in various fields including the financial, retail, real estate, hospitality, technology and government contracts industries.

Fraudulent Conveyance and Preferential Transfer Analysis and Litigation
Fraudulent conveyance or transfer analysis and preference analysis may be a critical step in negotiating a litigation settlement or in representing a client in an asset sale or acquisition. Avoiding or limiting preference and fraudulent conveyance liability in the first instance can be complicated, but strategies may be implemented to minimize potential future loss. Williams Mullen has extensive experience in identifying fraudulent conveyance and preference issues and advising clients on how fraudulent conveyance and preference considerations may impact the value of a settlement or an asset transaction.

Often a simple modification of a transaction structure may dramatically reduce a client’s preference or fraudulent conveyance risk. Similarly, when a client is faced with a demand for return of a transfer alleged to be fraudulent or preferential, Williams Mullen has skilled professionals who can offer valuable and practical advice on available defenses, negotiate settlements or handle complex litigation that may involve intricate valuation and accounting issues.

Bankruptcy Litigation
In addition to the traditional bankruptcy related creditors’ rights services we provide, Williams Mullen bankruptcy and litigation lawyers have handled claims and disputes relating to debtor-in-possession financing, fraudulent conveyances, equitable subordination and debt recharacterization, professional retention and compensation, plan confirmation contests, substantive consolidation, director and officer liability issues and appeals, among other things. In complex matters, our bankruptcy and litigation teams often collaborate to provide the optimum focus and experience to address the client’s interests. Many of the most complicated disputes that arise in the debtor/creditor context can be resolved with creative and thoughtful lawyering. When negotiated resolutions fail, however, we have the litigation experience to serve our clients from discovery through trial and beyond.

Foreclosure of Security Interests
Williams Mullen represents clients in the handling of real estate foreclosure sales and secured party personal property sales. Our lawyers represent banks, commercial lenders, mortgage companies and institutional lenders in executing deeds of trust through the conduct of foreclosure sales on all forms of commercial and/or residential property. Our attorneys also advised lenders as to potential real estate title issues which may arise throughout the course of a foreclosure sale, including proper disposition of Federal tax liens and/or mechanic’s liens, which may be recorded against the property. Our attorneys are also familiar with alternative methods of disposition of real estate collateral, including Deeds in Lieu of Foreclosure, short sales and similar arrangements.

With respect to personal property, our attorneys have represented the same lenders in handling the disposition and enforcement of security interest in personal property through secured party sales, which may be through public or private sales. Due to our broad range of experience, our attorneys have developed strong skills in the most efficient and profitable method of the disposition of assets which serve as collateral for our clients.