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Overview

The Bankruptcy, Restructuring & Creditors’ Rights practice group at Pashman Stein Walder Hayden regularly advises clients across the country in complex financial restructuring and bankruptcy related transactions and litigation matters. Our seasoned attorneys work closely with our clients to understand their businesses, concerns and objectives, and then develop practical strategies to meet those objectives in an efficient and cost-effective manner.

Over the years, our attorneys have served as trusted counsel in a broad range of distressed and bankruptcy situations for a wide variety of parties, including debtors, official and unofficial committees, secured and unsecured creditors, indenture trustees, agents, collateral managers, court appointed trustees, lessors and lessees of real and personal property, parties to executory contracts, trade creditors, critical vendors, parties in avoidance actions, and other significant parties. Our attorneys also advise clients in their dealings with distressed counterparties prior to bankruptcy, in order to mitigate risk and best position them if a bankruptcy filing occurs.

We have extensive, specialized experience advising professional service firms (such as accounting firms, financial advisory firms, and investment banks) on bankruptcy retention and fee-related issues, including serving as counsel to such firms as to bankruptcy related policies and procedures, risk mitigation, forms and documentation, and appearing in court on their behalf.

Given the firm’s depth and breadth of bankruptcy and litigation experience (and former judges now practicing with the firm), we are also well-suited to serve as counsel to litigation and liquidation trusts, as special litigation counsel and conflicts counsel, and to advise court appointed examiners, trustees, and receivers.

When appropriate, the group collaborates closely with lawyers in other practice groups, drawing on the firm’s deep bench of experienced litigators, and leveraging the abilities of lawyers who specialize in other relevant practice areas (including corporate, real estate, construction, employment, environmental, and others) to provide comprehensive and experienced counsel to our clients.

Our Team

Practice Chairs

Professionals

Experience

Representative Matters

  • Represented the following debtors in each of their Chapter 11 cases: casino gaming company, power generation facility, large video rental company, petrochemical producer, assisted living facility owner and operator, residential land developer, infomercial business, large national hat retailer, national car wash, gas station and convenience store owner and operator.
  • Represented the indenture trustee for various collateralized loan obligations (CLOs) in such CLOs’ Chapter 11 cases.
  • Represented the collateral manager for various collateralized debt obligations (CDOs) in state court litigation and various Chapter 11 cases involving such CDOs.
  • Represented the first and second lien agent in the Chapter 11 cases of an entertainment related company.
  • Represented an indenture trustee serving as a member of the Official Committee of Unsecured Creditors in the Chapter 11 cases of a large industrial equipment rental company.
  • Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of an automotive technology supplier.
  • Represented trade creditors serving as members of the Official Committee of Unsecured Creditors in the Chapter 11 cases of a cable and communications company.
  • Represented a secured creditor in state court litigation and a resulting receivership relating to an oil refinery.
  • Represented a secured creditor in the Chapter 11 cases of a hospital and nursing home.
  • Represented a secured creditor in the Chapter 11 cases of a large financial services holding company.
  • Represented subordinated noteholders in the Chapter 11 cases of a media production firm.
  • Represented a court appointed trustee in Chapter 11 and Chapter 7 cases of real estate developer.
  • Represented an exclusive distributor in the Chapter 11 cases of a global clothing brand.
  • Represented a court appointed trustee in Chapter 11 cases of commercial moving company.
  • Represented trade creditors in the Chapter 11 cases of a national telecommunications company.
  • Representing a liquidating trustee appointed by a federal bankruptcy court on an appeal to the New Jersey Appellate Division concerning more than $200 million in claims against the corporate parents and affiliates of an insolvent entity relating to environmental liabilities for pollution of the Passaic River.
  • Represented the liquidator of an insolvent Swiss financial-services company in bankruptcy litigation under Chapter 15 of the Bankruptcy Code against U.S., U.K., and Korean financial institutions. The case involved a dispute as to whether U.S. and Swiss bankruptcy law permitted some of the defendants to set off amounts owed the plaintiff under ISDA Master Agreements governing derivatives transactions against amounts that the plaintiff and one of its affiliates owed to another defendant under different ISDA Master Agreements.
  • Represented the following in each of their Chapter 11 cases: a casino, a major steel manufacturer, and a global building and construction materials company.
  • Represented major investment bank as investment advisor in connection with several bankruptcy matters
  • Represented numerous firm clients as creditors in contested adversary proceedings and in defense of preference claims in bankruptcy matters.

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