Kelley Drye & Warren LLP’s Bankruptcy and Restructuring lawyers guide our clients through the bankruptcy and insolvency process in both domestic and foreign jurisdictions. The firm represents creditors’ committees, debtors, financial institutions, indenture trustees, bondholders, landlords, suppliers and trading partners in out-of-court restructurings, bankruptcy reorganizations, and liquidations and related litigation. Our lawyers are at the forefront in working with clients to develop and execute strategies to maximize recovery, minimize exposure and realize the best business outcome. We understand that the most efficient way to resolve most complex and sophisticated creditors’ rights problems is out of court. When a consensual resolution is unworkable, Kelley Drye vigorously pursues its clients’ interests through accelerated judicial proceedings. By drawing on the firm’s significant litigation, corporate, securities, real estate and tax practices, as well as industry-focused interdisciplinary practice groups, Kelley Drye provides a comprehensive approach to resolving the wide variety of problems that arise in situations involving financial distress. The firm also advises its clients about bankruptcy and insolvency risks to help them avoid or minimize them while safeguarding their rights.
Lawyers in the firm’s Bankruptcy and Restructuring group represent clients in all aspects of the bankruptcy and insolvency process. Kelley Drye supports clients in the following types of matters:
- Committees – Represent committees of unsecured creditors and bondholders, both in out-of-court restructurings and Chapter 11. Kelley Drye is currently representing or has recently concluded the representation of official committees of unsecured creditors in cases involving Chapter 11 debtors in the following industries: retail, jewelry, shipbuilding, telecommunications, manufacturing, baked goods and digital media.
- Debtors – Represent financially distressed companies either through out-of-court workouts or Chapter 11.
- Cross-Border Insolvencies – Represent creditors and debtors in insolvency proceedings that are pending in both domestic and foreign jurisdictions. The firm has been involved in numerous cross-border proceedings that implicate the newly-enacted Chapter 15 of the Bankruptcy Code, and litigated issues of first impression in this emerging area of insolvency law.
- Retail Workouts and Bankruptcies – Represent landlords, owners and developers of shopping centers, and purchasers of real property and real property leases. The firm has confronted virtually every bankruptcy and real estate issue that may arise in a retail bankruptcy case. Kelley Drye has established relationships with retail liquidators, retail consultants, asset-based lenders and most retail debtors’ counsel across the country. The firm’s lawyers are able to draw on these relationships to reach consensual resolutions of many issues. This translates directly into substantial savings for our clients.
- Trade Creditors – Represent trade creditors in negotiating and documenting contracts with credit worthy companies to mitigate risk in the event of insolvency and in maximizing recovery and minimizing exposure when a bankruptcy filing occurs.
- Indenture Trustees and Bondholders – Represent the interests of indenture trustees and bondholders in large, complex public company out-of-court restructurings and bankruptcies around the world.
- Syndicated and Asset-Based Lending and Debtor-In-Possession Financing – Represent major lending institutions around the world in out-of-court restructurings and court supervised insolvency proceedings involving syndicated and asset-based loans, equipment leasing transactions, securitizations, debtor-in-possession and exit financings, and other secured and unsecured loan transactions. The firm also negotiates, documents and litigates disputes arising from such transactions.
- Bankruptcy Litigation – Represent clients in actions brought by debtors, trustees and statutory committees in bankruptcy cases, receiverships and assignments for the benefit of creditors. The firm also represents plaintiffs in all types of bankruptcy lawsuits, including actions to enforce rights, and actions to recover property that should be excluded from the debtor’s estate, reclaimed, or otherwise returned.