
Our lawyers have managed legal
matters involving debtor and
creditor relationships across
the nation. Many of our
clients, including a variety of
corporations and financial
institutions, come to us because
of our ability to provide
coordinated legal advice that
cuts across numerous legal
areas. The depth of our
practice is reflected in the
range of practice areas in which
we excel, including our
Creditors Rights' and Bankruptcy
practice.
We represent clients on both
sides of the debtor/creditor
equation and provide innovative
thinking and practical
strategies to help resolve
complicated issues. From single
asset workouts to litigation to
complex business
reorganizations, members of the
firm deliver unparalleled
knowledge, experience and
responsiveness in a
cost-effective manner.
Our lawyers have extensive
experience in dealing with the
broad spectrum of legal issues
that arise out of troubled loan
situations and have participated
in the workout, renegotiation
and restructure of well over $2
billion dollars worth of problem
loan transactions, the majority
of which were secured by real
estate. We are accomplished in
providing counsel and
representation to financial
institutions, loan servicers and
non-traditional lenders and
investors with respect to the
following:
Development of workout and
exit strategies based upon
the analysis and evaluation
of loan documentation, loan
collateral, borrower and
guarantor cash flows,
available remedies,
prospects for recovery and
post-foreclosure liability
exposure.
Loan renegotiations and
restructuring and the
documentation associated
therewith.
Pre-foreclosure loan and
statutory notification
compliance. Real
property foreclosure and the
negotiation and
documentation of
deeds-in-lieu of foreclosure.
Foreclosures under the
Uniform Commercial Code with
respect to partnership
interests, corporate stock,
promissory notes and similar
interests.
Repossession and foreclosure
under collateral-specific
federal and state statutes
(from vessels encumbered by
first preferred ship
mortgages and yachts titled
with the Texas Parks and
Wildlife Department to the
public sale of thirty two
18-wheel tractor trailers).
Acquisition and disposition
of performing and
non-performing loans and
loan portfolios.
Acquisition and disposition
of distressed REO assets.
Pre-disposition adaptive
re-use of distressed REO
assets.
Post-foreclosure,
pre-disposition
representation with respect
to the management, leasing
and operation of REO assets.
The firm also frequently
represents lenders in collection
litigation and post-judgment
enforcement, including drafting
and negotiating forbearance and
tolling agreements and drafting
and filing lawsuits, answers and
motions for summary judgment.
In advising financially
distressed clients, we examine a
full array of legal strategies
to assist them in making the
sound business decisions
necessary to preserve and
protect the value of their
assets and businesses. This
representation includes workouts
and out-of-court restructurings,
as well as bankruptcy cases
filed under Chapters 11 and 7 of
the Bankruptcy Code, and entails
negotiating with creditors and
equity groups, structuring
debtor-in-possession financing,
negotiating and drafting plans
of reorganization and disclosure
statements and handling the
legal and business issues
associated with the sale of
assets or lines of business.