Bankruptcy and Restructuring

Rumberger's Bankruptcy and Restructuring Group provides a broad range of business advisory and crisis management services. We have extensive experience in bankruptcy and insolvency matters and the skills, to navigate clients through the turmoil of situations involving financially-troubled companies.   In providing these services, we act for a wide range of clients, including debtors, secured and unsecured creditors, bondholders, investors, boards of directors, and creditors' committees in complex corporate restructuring, workout and bankruptcy planning, negotiation and litigation.

In addition, we regularly draw upon and benefit from the experience of other lawyers in securities, litigation, environmental and employment law. This comprehensive approach to solving problems that arise in dealing with troubled businesses allows us to skillfully address the wide range of issues that develop when restructuring the assets and liabilities of troubled businesses and protecting clients dealing with troubled companies.

Typical engagements include:
  • Representing debtors, committees, and major creditors in Chapter 11 cases
  • Acquiring companies through Chapter 11
  • Representing secured creditors in bankruptcy, restructuring or foreclosure processes
  • Negotiating and litigating the terms of debtor-in-possession financing, use of cash collateral, adequate protection, and relief from automatic stay 
  • Participating in the Chapter 11 Plan process, including drafting and confirming debtors’ and creditors' Chapter 11 plans
  • Prosecuting or defending fraudulent transfer and preference actions as well as equitable subordination actions
  • Representing plan or liquidating trustees
  • Establishing, negotiating, and litigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance, and other avoidance actions
  • Participation in the § 363 sales, including negotiating bidding and auction procedures
  • Out-of-court debt restructuring, workouts and wind downs
  • Dealing with problem real estate loans and commercial leases
  • Foreclosures
  • Additionally, our Creditor Committee representation is able to advise the committee on all matters pertinent to Chapter 11 proceedings, including, among other things: (i) the debtor's ability to sell substantially all of its assets with expedited notice, (ii) a debtor's financing and restructuring strategy, (iii) the validity and/or extent of secured creditors' liens and claims, (iv) valuation and solvency of a debtor and/or its assets, (v) the validity and prosecution of potential bankruptcy and non-bankruptcy related causes of action, and (vi) the most effective and efficient means of maximizing value for unsecured creditors. 
Recent notable engagements:
  • Represented the Debtor in In re Franklin Pharmacy, LLC (Bankr. N.D. Ala. 2014)
  • Represented Equipment Lessor in In re: Adams Produce (Bankr. N. D. Ala. 2013)
  • Represented the Official Committee of Unsecured Creditors in Belle Foods, LLC (Bankr. N.D. Ala. 2013)
  • Represented Equipment Lessor in In re: Chordus, Inc. (Bankr. N.D. Ala. 2013)
  • Represented the Official Committee of Retired Employees of Eastman Kodak Company (Bankr. S.D.N.Y. 2012)
  • Represented the DIP lender and stalking horse bidder in GTM Energy Partners (Bankr. N.D. Ala. 2011)Represented the Official Committee of Unsecured Creditors of Moore Handley, LLC (Bankr. N.D. Ala. 2009)Represented the Post-Petition Lenders in Colonial BancGroup, Inc. (Bankr. M.D. Ala. 2009)
  • Represented the Debtor in In re: City of Prichard, Alabama (Bankr. S.D. Ala. 2009)
  • Represented various landlords in In re: Brunos, Inc.; BFW Liquidation, LLC (Bankr. N.D. Ala. 2009)
  • Represented the Official Committee of Unsecured Creditors of Green River Biodiesel (Bankr. N.D. Ala. 2008) and the Liquidating Trustee subsequently appointed through the Plan 
  • Represented Secured Lender in In re: Bill Heard Enterprises, Inc. (Bankr. N.D. Ala. 2008)
  • Represented Secured Creditor and DIP Lender in Levitt & Sons, LLC (Bankr. S.D. Fla. 2007)
  • Represented Lead Secured Lender in In re: Citation Corporation and its subsidiaries (Bankr. N.D. Ala. 2007 & 2004)
  • Represented the Debtor in In re: Carlton Cove, Inc. (Bankr. N.D. Ala. 2006)
  • Represented the Official Committee of Retired Employees in Solutia, Inc. (Bankr. S.D.N.Y. 2003)

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