Clients can rely on Lewis and Roca for comprehensive help with bankruptcy and workout needs. Our lawyers have decades of financial reorganization experience representing secured and unsecured creditors, committees, debtors and trustees in formal bankruptcy proceedings, out-of-court workouts, loan restructuring and special situation purchases of distressed assets. We advise all parties in restructuring transactions, and can call upon the firm’s full resources in corporate, finance, litigation, regulatory and tax law to handle any complex issues that can arise. Our interdisciplinary team of bankruptcy, litigation and transactional lawyers can create and implement a practical recovery strategy for secured lenders and other creditors, as well as protecting the interests of other key players such as debtors and trustees.
Lewis and Roca’s 20-lawyer bankruptcy team has exceptional capabilities to serve clients on all sides of bankruptcy issues. Six of our team members have been selected by their peers for inclusion in the prestigious listing of The Best Lawyers in America®. Susan M. Freeman and Rob Charles are fellows of the American College of Bankruptcy, and several other partners have held senior leadership posts in the American College of Bankruptcy Professionals. A number of our partners are frequent speakers before audiences such as the American Bar Association and the National Conference of Bankruptcy Judges, and have special qualifications such as board certification in Business Bankruptcy Law by the American Board of Certification.
When Lewis and Roca represents creditors and creditor committees, we work to make sure that your business relationships are preserved, your secured claims are protected or paid promptly, and that your rights are fully protected in the bankruptcy process. Our lawyers use extensive knowledge of finance documentation, credit policies and financial institution insolvency tactics to ensure the fullest recovery of our clients’ assets. We also bring exceptional knowledge of real estate transactions and transactional finance to bear on bankruptcy, foreclosure and related property issues.
Both lenders and borrowers value our advice on resolving loan problems, including defaults, workouts, repossession, foreclosure and receivership. Unsecured creditors, including trade creditors, landlords and lessors, also turn to us as their advocate in a bankruptcy or workout. We work with the debtor, as well as with trustees and secured creditors, to encourage the maximum realization of assets from reorganization or liquidation with the minimum amount of administrative expense.
If litigation is necessary we can represent creditors in avoidance actions brought by debtors and trustees, including preference and fraudulent transfer claims. If a debtor files for bankruptcy we advise creditors on developing the best strategy to protect their collateral. When a debtor faces default we help you decide whether to renegotiate the terms of a loan or vigorously enforce them to bring about a bankruptcy filing.
From consulting with financially troubled companies prior to bankruptcy, to successfully arranging restructuring and reorganization transactions, Lewis and Roca offers comprehensive counsel to debtors in Chapter 11 cases. We help debtors assess the full range of options open to them, taking into account each company’s unique financial and market circumstances. If seeking relief through the bankruptcy code is your most viable option, we use our substantial experience in debtor as well as creditor representation to weigh the options and recommend the best choice between reorganization or the sale of assets.
Litigation can be a necessary part of the bankruptcy process, and our lawyers are accomplished at representing clients in all the points of contention that come before the bankruptcy courts. That includes representation of creditors, creditors’ committees and trustees in fraudulent conveyance and preference litigation involving leveraged buyouts, Ponzi schemes, corporate stripping and asset protection. We will also handle your interests in both federal and state courts, for actions involving breach of contract, receivership, landlord-tenant, commercial loans, lien enforcement, equipment leasing, replevin, judicial foreclosure, guaranty and collection of domestic and foreign judgments.
Once a case is before the bankruptcy court, our focus is on whether a reorganization or liquidation of the debtor is the action best suited to recover the creditor’s investment. Creditors with interests at risk in bankruptcy depend on our help with all issues governed by the Uniform Commercial Code, such as sales, secured transactions, bank deposits and commercial paper. Our lawyers also help these clients with their collection needs, including obtaining pre-judgment and post-judgment remedies.
Bankruptcy disputes are often inseparable from controversy over construction projects. When you engage Lewis and Roca as your construction litigation counsel, you get the benefit of one of the region’s leading practices. Our knowledge of construction collection matters—including contractors’ and mechanics’ liens against industrial product suppliers, and surety bond claims— is unsurpassed, and many of the leading casinos and resorts in Las Vegas rely on us to resolve disputes over construction projects. We represent your interests in controversies that involve bid protests and mistakes, cost disputes, design error, defective installation and contract disputes. These typically involve multiple parties and are highly fact-intensive, and we use our industry knowledge to resolve the problem in ways that minimize expense and time for our clients— often through alternative means such as mediation and arbitration.
Real Estate Development
If your bankruptcy matter involves real estate, key players from throughout the industry—national institutional investors, financial institutions, land developers, commercial unit operators, restaurants and other commercial establishments—depend on Lewis and Roca’s real estate knowledge and experience. We are thoroughly familiar with the process of taking complex deals from negotiation to completion to restructuring, and can handle every facet of real estate deals through the complete lifecycle of the transaction. Clients rely on us to successfully complete all types of real estate projects, from condominiums and apartment complexes to commercial office buildings, residential subdivisions, retail shopping centers and industrial developments. In Las Vegas, our firm brings world-class real estate counsel to world class, multi-billion dollar real estate deals. We are one of the few firms in the region with a focused real estate practice, one supported by Lewis and Roca’s firmwide resources and capabilities.
Whether you’re a creditor, trustee or debtor, bankruptcy is ultimately about doing business under difficult circumstances. We realize that the real goal in bankruptcy is not victory – it’s getting paid if you’re a creditor, or staying in business if you’re a debtor. The Bankruptcy Code allows for a wide range of business options, and we pursue the ones that best meet your needs. You can rely on us to develop effective and creative strategies that get the best business result and protect your investment in any bankruptcy or reorganization.
Click below for links to the firm's winning amicus briefs on behalf of distinguished law professors in recent United States Court cases:
Central Virginia Community College v. Katz
Hood v. Tennessee Student Assistance Corp.