Bankruptcy and Restructuring

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 our clients' objectives.

We are among a select group of firms able to demonstrate substantive and regular experience acting for all stakeholders in major national and global bankruptcy cases. Our clients include debtors, secured and unsecured creditors, ad hoc and official committees, indenture trustees, debtor-in-possession lenders, asset purchasers, and liquidation trustees. In addition, we are the go-to co-counsel for many of the most prestigious law firms in the country.

Exceptional Service

Our bankruptcy and creditors' rights attorneys offer exceptional service across a broad spectrum of issues involving reorganization and liquidation cases, out-of-court workouts, and debt restructuring. We are equally adept at running bankruptcy cases and litigating multimillion-dollar disputes. We consistently have substantial roles in the cases filed in Delaware. We also serve as counsel to institutional clients in bankruptcy courts outside of Delaware.

At Morris James, our lawyers collaborate across the firm to meet the unique needs of each client. Our bankruptcy team draws on the knowledge and experience of attorneys across the firm in tax, corporate, real estate, litigation, and other relevant areas to provide comprehensive and sophisticated advice to our clients.

Key Representations

Bankruptcy Litigation & Liquidation Trustees
Committees – Official, Ad Hoc and Unofficial
Creditor engagements - Landlords, Trade, IP, and others
Debtors & Debtor Management
DIP Lenders
Insurers
Purchasers
Trustees - Chapter 7, Indenture, Litigation, and Liquidating

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.

Purchasers. If a client is interested in purchasing assets from a debtor through a 363 sale or through a chapter 11 plan, we are able to guide the client through the purchasing process, from developing bid procedures, drafting asset purchase agreements, and participating in auctions and sale hearings.

Fiduciary or Shareholder Representations. Often, former or present directors and officers of insolvent companies require advice to successfully navigate a bankruptcy case or assist them in appropriately exercising their fiduciary obligations. Shareholders or equity holders can also require assistance when their investments are at risk. We 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, lien enforcement or challenges, discovery, depositions, plan confirmations, and appeals. Over the years, we have represented thousands of defendants and have been instrumental in developing aggressive defenses to avoidance actions 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.