Bankruptcy, Restructuring and Workout

Who We Represent
Our attorneys represent clients in the context of distressed situations requiring workout, restructuring, or bankruptcy, including: 

Lenders and secured creditors 

• National, regional, and community banks, individually, as agents, and in consortia 
• Life insurance companies and pension funds 
• Mortgage warehouse lenders
• Equipment lessors 
• Loan originators, master servicers, and servicers of commercial mortgage-backed securities (CMBS) 
• Government agencies, including the FDIC, the RTC, and their servicers 
• REITS, corporations, individuals, private equity funds, and investors
• Community development corporations 
• Retailers 
• Senior secured parties, mezzanine lenders, subordinate lenders, and unsecured parties

Borrowers, guarantors, and debtors

• Public and private businesses and individuals 
• Nonprofit entities
• Parties involved in advertising, art and antiques, commercial real estate, education, equipment leasing, health care, high technology, insurance, life sciences, manufacturing, mortgage lending, professional services, publishing/media, and telecommunications

Unsecured creditors/vendors/customers/investors and other constituencies 

• Landlords and tenants affected by bankruptcy proceedings as third parties 
• Creditors’ committees (both formal and informal)
• Purchasers of assets and businesses from distressed companies
• Charitable organizations collecting on pledges 
• Credit support parties in bond transactions 
• Parties in assignments for the benefit of creditors 
• Parties in state or federal court receivership proceedings 
• Parties in conservatorship proceedings 
• Turnaround consultants and other similar advisors 
• Independent fiduciaries and indentured trustees

What We Do
Nutter helps clients formulate strategies, negotiate agreements, document deals, and otherwise facilitate the reworking of a distressed company or the collection of debts. Our services include:

• Preparing for insolvency and bankruptcy challenges and engaging during proceedings to protect rights
• Navigating debtor-in-possession (DIP) financing and cash collateral issues, and advising on credit bidding and other issues in Section 363-sale transactions in both chapter 11 and chapter 7 proceedings
• Advising on out-of-court proceedings, including UCC Article 9 secured party sales, assignment for the benefit of creditors (AFBC) transactions, and other dispositions
• Structuring of out-of-court compositions and arrangements 
• Providing tax planning related to structured reorganizations and settlements

Bankruptcy Litigation
The litigators in Nutter’s Bankruptcy Litigation practice have a proven track record and are well positioned to represent clients in bankruptcy court in chapter 11 bankruptcy reorganizations, chapter 7 bankruptcy liquidations, and chapter 13 bankruptcy proceedings. We know how and when to take the appropriate actions and are dedicated to delivering optimal results to all clients.