We offer advisory service to the lenders and borrowers on all aspects of structuring, documenting and negotiating finance transactions. It also includes a number of prominent banks and companies.
We cover a wide range of areas:
As bankruptcy lawyers, Moore & Van Allen’s Bankruptcy and Financial Restructuring team possesses both the transactional and litigation experience necessary to represent a wide array of clients effectively. We have experience navigating the ever-shifting alliances among various creditor constituencies, from first-day cash collateral disputes to plan negotiations. Our extensive representation of financial institutions makes us particularly well-suited to document and negotiate DIP and exit-financing facilities. We also frequently assist buyers at bankruptcy auctions, parties facing assumption or rejection of leases in bankruptcy, trade creditors asserting reclamation claims or defending preference actions, and other creditors who are simply trying to understand the ramifications of a bankruptcy filing. In addition, we periodically serve as counsel to debtors and unsecured creditors’ committees. We have advocated for virtually every kind of creditor in bankruptcy proceedings and have represented clients in federal bankruptcy courts across the country.
As workout lawyers, Moore & Van Allen’s Bankruptcy and Financial Restructuring team offers experience and demonstrated success to both lenders and borrowers seeking to resolve financial challenges outside of bankruptcy. We frequently collaborate with our lender clients to develop creative solutions for working out troubled credits, including debt-for-equity swaps and other change of control transactions designed to align the capital structure of an enterprise with economic realities. These transactions are tailored to be tax efficient and preserve key employee, vendor, and customer relationships. In addition, we have successfully helped numerous corporate clients restructure their obligations and avoid bankruptcy.
As litigators, we represent clients in resolving adversary proceedings and other insolvency related litigation. We often defend parties in preference, fraudulent transfer and other avoidance actions that are commonly used by debtors against creditors that have received payments before the debtor’s bankruptcy filing. We typically attempt to resolve these matters amicably, but when circumstances require litigation, we fully and zealously defend our clients.
As finance lawyers, the Bankruptcy and Financial Restructuring team works closely with the firm’s Financial Services and Corporate teams to ensure that lending and corporate transactions are scrutinized from every angle. We are actively involved in the documentation of transactions. We have particular experience negotiating the terms of intercreditor relationships and we regularly assist clients in evaluating the bankruptcy risks associated with new financial products and transaction structures.