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Bankruptcy, Restructuring and Creditors' Rights

When creditors are faced with a borrower’s bankruptcy filing, time is of the essence to ensure that financial interests are protected. Kutak Rock’s bankruptcy, restructuring and creditors’ rights group has the depth of experience required to help clients protect their interests, mitigate losses and achieve the best possible solution.

We represent lenders, banks, mortgage servicers, landlords, and creditors of varying size wherever they need us. The 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 strategies, but also a current, practical and working knowledge of the national environment in which they are applied. Because litigation can be cost-prohibitive, in addition to our litigation skills before judges, we assist clients with negotiated resolutions outside of the courtroom. We 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 financial institutions. 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.

Our representative experience includes:

  • National, regional and local banks in all aspects of reorganizations, workouts, and liquidations
  • Debtor-in-possession lenders
  • Buyers of assets in 363 bankruptcy sales
  • Chapter 11 plan sponsors and exit financing providers
  • Investors in acquiring distressed paper
  • Litigation of avoidance actions
  • Creditor committees representation
  • Ad hoc groups and creditors throughout the debtor’s capital structure
  • Debtors in all aspects of reorganizations, workouts, and liquidations
  • Chapter 11 trustees, plan administrators, and liquidating trustees
  • Real estate landlords and tenants in bankruptcy and other distressed scenarios
  • IP licensors and licensees in bankruptcy and other distressed scenarios
  • Trustees, holders, letter of credit providers, derivative counterparties and insurers in connection in connection with distressed bond financings and chapter 9 bankruptcy cases, involving municipalities

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