Bankruptcy, Restructuring and Creditor's Rights

Although all would like to avoid it, nearly every business will become involved in a bankruptcy or insolvency proceeding in some capacity. It may be as a secured or unsecured creditor, landlord, customer or vendor, or as a defendant to a trustee's lawsuit or, perhaps, as the buyer of the bankrupt business. Regardless of your role in a particular matter, the experienced attorneys at McLane can help you through the process, protect your interests, and make the process a little less arduous for you to endure. McLane's bankruptcy attorneys represent secured and unsecured creditors, customers and vendors, creditor committees, equity security holders, purchasers of assets and trustees. We have clients ranging from an individual customer or trade vendor to nationally recognized banks and finance companies. We have significant experience representing creditors of all types through every type of bankruptcy proceeding.

Bankruptcy – Chapter 11

Chapter 11 is the commercial reorganization process in which the debtor prepares and files a plan to reorganize, sell or liquidate its business. McLane's team of attorneys has over 25 years of experience representing parties in every aspect of the Chapter 11 process. McLane's clients include individual creditors, customers, vendors, equity security holders, purchasers of assets, lenders, creditor committees, and the debtor itself. Whatever the issue – be it defending a claim, assessing the Chapter 11 plan, protecting your secured status or enforcing a lease – our team of professionals at McLane have the expertise and experience to represent you.

Bankruptcy – Chapter 7 and 13 (Creditor Representation)

Chapter 7 is a liquidation process for individuals or certain small businesses. Chapter 13 is the individual reorganization process. McLane represents creditors through the entire chapter 7 or 13 bankruptcy process. McLane can prepare and file a proof of claim, attend the 341 meeting of creditors, and assess whether there are issues of fraud or other reasons to pursue an order of non-dischargeability of your debt and object to a Chapter 13 plan which treats your claim improperly. In both Chapter 7 and 13 proceedings, McLane has extensive experience defending parties – ranging from individuals to trade creditors to larger institutions – against trustees' preference and fraudulent transfer action lawsuits. McLane is well-equipped to assist you in any of your Chapter 7 and 13 creditor needs.

Internal Partnering Brings McLane's Breadth of Experience/Expertise to Each Matter

When a bankruptcy or commercial insolvency matter involves issues such as intellectual property, employment, corporate, or criminal law we are able to work through each unique issue together with and drawing on the experience of each of McLane's particular practice groups. When a bankruptcy matter involves complicated litigation our Business Litigation Group will participate for the best possible outcome. This team approach to client service fosters creative thinking and cost-effective, quality client service.

For further information on how we can help you reach your commercial finance goals, please contact Joseph A. Foster, Director, Bankruptcy Group, at joe.foster@mclane.com.