Bankruptcy, Restructuring and Creditors' Rights

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Kutak Rock’s Bankruptcy, Restructuring and Creditors’ Rights Group has completed hundreds of engagements in virtually every state in the country. Through the firm’s experience in bankruptcy courts throughout the U.S., our attorneys offer not only a sophisticated understanding of the latest developments and techniques, but also a current, practical and working knowledge of the national environment in which they are applied. We understand that complex litigation can be cost-prohibitive, so in addition to our extensive litigation skills before judges, our bankruptcy attorneys also assist clients with negotiated resolutions outside of the courtroom. Our attorneys aggressively defend our clients’ business interests in alignment with their goals and this often includes swift settlements.

Our bankruptcy group regularly handles significant bankruptcy and creditors’ rights representations for a wide range of national, regional and local companies, financial institutions and other clients. The depth and experience of the group provides both litigation strength and transaction experience, and our nationally recognized expertise in finance, real estate, tax, environmental, public finance and litigation, in addition to bankruptcy, provides each client with the comprehensive representation necessary to address the nature of the problem and to design resourceful and practical solutions appropriate for the client’s particular situation or role in a matter. By drawing upon this expertise, our firm’s bankruptcy group is extraordinarily well-positioned to deliver an efficient resolution of complex legal issues in all aspects of engagements.

Because of our group’s depth and breadth of experience, our geographic coverage and our team-oriented process, we offer our clients exceptional value in matters ranging from complex Chapter 11 cases to proactive restructuring issues. As a testament to the skill and reputation of Kutak Rock’s Bankruptcy, Restructuring and Creditors’ Rights Group, The American Lawyer’s survey of 400 corporate counsel has recognized us for our bankruptcy and creditors’ rights practice.

Primary Representation

Kutak Rock represents the following stakeholders in workouts, restructurings and liquidations:

  • Creditors
  • Debtors/Debtors in Possession
  • Creditors’ committees (official and ad hoc)
  • Post-petition lenders
  • Official and unofficial committees of equity holders
  • Indenture trustees
  • Bankruptcy trustees
  • Insurers
  • Plan administrators

Representative Bankruptcy Engagements

The following list of representative engagements highlights the breadth and depth of our Bankruptcy, Restructuring and Creditors’ Rights Group:

  • In re Heilig-Meyers, Inc. (Bankr. E.D. Va.). The firm represented the prepetition secured lending group and successfully defended the trial and appeal of an adversary proceeding in which the damages exceeded $300,000,000.
  • In re Movie Gallery, Inc. (Bankr. E.D. Va.). The firm represented Movie Gallery, Inc. and its subsidiaries, the second largest North American home entertainment specialty retailer, in their Chapter 11 reorganization cases.
  • In re Skybus Airlines, Inc. (Bankr. D. Del.). The firm represented a large municipality in this airline Chapter 11 proceeding.
  • In re On-Site Sourcing, Inc. (Bankr. E.D. Va.) The firm represented one of the world’s largest independent litigation support providers in its Chapter 11 cases which resulted in the successful bankruptcy 363 sale of substantially all of the debtors’ assets.
  • In re Conseco, Inc. (Bankr. N.D. Ill.). The firm represented a large financial guaranty insurer in connection with approximately $2 billion of manufactured housing loan securitizations and numerous related issues, including the transfer of servicing and resolution of claims.
  • In re Government Telecommunications, Inc. (Bankr. E.D. Va.). The firm represented the Official Committee of Unsecured Creditors in this successful Chapter 11 reorganization whereby the Debtor and the Committee jointly proposed a plan of reorganization which was subsequently confirmed.
  • In re Baker Equipment Engineering Company (Bankr. E.D. Va.). The firm represented the debtor-in-possession in the reorganization of a multistate manufacturer of industrial trucks and fire engines.
  • In re United Airlines, Inc. (Bankr. N.D. Ill.). The firm was retained by a large financial guaranty insurer to provide ongoing analysis of declaratory actions filed by debtor to recharacterize airport leases at LAX, JFK, SFO and DEN as disguised financings.
  • In re Airwalk Int’l LLC (Bankr. D. Colo). The firm represented unsecured creditors in commencing involuntary bankruptcy and in regard to motion for relief from stay.
  • In re Budget Rent a Car Corporation (Bankr. D. Del.). The firm represented a nationwide fleet management company in connection with the Chapter 11 proceeding of Budget Rent a Car and its affiliates.
  • In re ATA Airlines, Inc. (Bankr. S.D.  Ind.). The firm represented a large municipality in this airline Chapter 11 proceeding.
  • In re County of Orange (Bankr. C.D. Cal.). The firm represented a large monoline financial guaranty insurer in the largest municipal bankruptcy case in the United States in connection with special revenue bonds issued prebankruptcy by the County and post-petition recovery bonds and recovery certificates of participation issued to enable the County to emerge from bankruptcy.
  • In re US Airways Group, Inc. (Bankr. E.D. Va.). The firm represented a financial guaranty insurer in the first bankruptcy case of US Airways relating to approximately $80,000,000 of special facilities revenue bonds issued by the Massachusetts Port Authority.
  • In re Western Pacific Airlines, Inc. (Bankr. D. Colo.). The firm represented an airplane engine manufacturer in a complex preference litigation.
  • In re Enron Corp. (Bankr. S.D.N.Y.). The firm represented a defendant in a substantial preferential transfer avoidance action.
  • In re First Alliance Mortgage Company (Bankr. C.D. Cal.). The firm represented a large monoline financial guaranty insurer in connection with approximately 20 mortgage loan securitizations and the resolution of claims against the debtor, the insurer and other parties.