Bankruptcy and Creditors' Rights

Overview

Morris James represents international and domestic clients aggressively, creatively, and efficiently. With our collective experience, legal acumen, and business knowledge, we provide sound, practical advice regarding sophisticated and complicated bankruptcy, restructuring, and insolvency issues, always mindful of the need to achieve their objectives.

Exceptional Service In Nearly Every Aspect Of Bankruptcy Claims

Our bankruptcy and creditors' rights attorneys counsel clients in both reorganization and liquidation cases, as well as in out-of-court workouts and debt restructurings. Our attorneys play substantial roles in the cases that file in Delaware, most notably as counsel to creditors, lenders and purchasers, but also as counsel to official and unofficial committees and debtors. We also serve as counsel to institutional clients in bankruptcy courts outside of Delaware.

Key representations:

Asset purchasers
Bankruptcy litigation
Claims purchasers
Committees – official, ad hoc and unofficial
Creditor engagements
Debtor management (directors and officers)
Debtors
DIP Lenders
Distributors
Equity sponsors
Healthcare providers
Indenture trustees
Insurance premium financing
Intellectual property licensors
Interstate commerce carriers
Landlords
Litigation and liquidation trustees
National bankruptcy counsel

Strong Command of Delaware Courts

In addition to our role as lead counsel, we also have an extensive and substantive practice serving as co-counsel with out-of-state lawyers. We know the judges, the court procedures, and the local rules. Our attorneys are actively involved in the annual process regarding potential amendments to the local rules. Clients and attorneys who retain Morris James appreciate and value our active role in their matters.

Experience

Creditors. We represent creditors including indenture trustees, owner trustees, liquidating trustees, lenders (pre- and post-petition), insurance premium finance companies, mortgagees, equipment lessors, landlords, mechanics lien holders and materialmen, insurance carriers, professionals, trade vendors, owners/licensors, and licensees of intellectual property, franchisors and franchisees, municipalities and other public entities, and other secured, unsecured, priority, and administrative creditors in a broad spectrum of issues that arise in bankruptcy proceedings.

Committees and Trustees. We represent official committees of unsecured creditors, official committees of equity holders, and chapter 11 and chapter 7 trustees. Such representations often entail an important investigative function, as the committee or trustee may undertake to investigate and pursue legal claims that the debtor and its professionals cannot or decline to pursue. We also represent ad hoc committees of creditors and equity holders.

Debtors and Liquidating Agents and Trusts. We have extensive experience counseling debtors through the bankruptcy process. These representations include pre-bankruptcy workouts and debt restructurings as well as through bankruptcy proceedings. In addition, we represent the interests of bankruptcy estates through the representation of post-confirmation liquidation agents and trusts.

Other Interested Parties. We represent parties seeking to purchase assets in 363 sales or through a chapter 11 plan. We also counsel directors (including special committees), managers, officers, and shareholders of insolvent companies.

Bankruptcy Litigation. We handle all types of litigation in bankruptcy cases and adversary proceedings. Some of the litigation matters we handle involve avoidance actions, asset sales, plan confirmations, and appeals. Over the years, we have represented thousands of defendants and have been instrumental in developing aggressive defenses to avoidance actions, including actions involving preferences and fraudulent transfers, in order to accomplish our clients’ goals.

What Our Clients Say

“The lawyers give exceptional representation and results.”
Chambers USA - America’s Leading Lawyers for Business.

“Their timeliness, attention to detail, and willingness to go the extra mile in terms of client service make a huge difference to us in our approach to Delaware cases.”
Chambers USA - America’s Leading Lawyers for Business.

“I do not recall one time where I felt I received less than excellent client service.”
Chambers USA - America’s Leading Lawyers for Business.

“Their concise and prompt responses on cases have aided in keeping our costs at a minimum, while experiencing exceptional counsel support.”
Chambers USA - America’s Leading Lawyers for Business.