Financial Restructuring, Bankruptcy, and Risk Management

The depth and breadth of the Financial Restructuring, Bankruptcy and Risk Management Practice Group at Flaster/Greenberg allows us to evaluate the benefits, challenges, risks and opportunities at stake for our clients, and to efficiently realize practical, cost-effective solutions. Specifically, from Fortune 500 corporations to small privately held companies and individuals, we assist our clients with: rehabilitating businesses; out-of-court workouts; restructuring and reorganizations; and, when appropriate, liquidating assets to maximize value. In addition to these traditional functions, we provide risk management counseling for our clients.

We are involved in every major aspect in the financial workout and bankruptcy process, seeking solutions for our clients that include: debtors, secured and unsecured creditors, creditors' committees, trustees, receivers, asset based lenders, asset purchasers, claims traders, insurance companies, financial institutions, investment banks, pension funds, landlords, equipment lessors, and preference plaintiffs and defendants.

We bring to the table extensive experience and expertise. Businesses and individuals facing severe financial problems often feel as if they are in uncharted waters. Our attorneys help to relieve this distress by working closely with clients to assess risks and develop creative strategies for financial rehabilitation. For business clients, we analyze the business and its prospects, operations and finances. When a bankruptcy is necessary, we explain the feasibility of reorganization or the ramifications of liquidation of the debtor's assets. Most importantly, we make clear how the debtor client can emerge from a bankruptcy or financial workout, and discretely counsel clients on those strongest options that will enable them to move forward with their business. For individuals, we explain the options and work to limit any disruption to the client's life.

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For large institutional clients Flaster/Greenberg provides overall comprehensive support including, when needed, detailed reports, and help to build consensus in order to illuminate and ultimately reduce clients' exposure to many types of liabilities. These services are customtailored to the client's business and involve marrying the client's business and business practices.

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We represent all types of secured and unsecured creditors, creditor's committees, plan administrators, landlords, equipment lessors, suppliers, and various other creditors, both large and small. We review the soundness of restructuring methods, and develop strategies to maximize the potential return to our clients. In addition, our attorneys provide institutional clients with risk management services that emphasize development of business practices designed to minimize risk.

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Bankruptcy Litigation

We handle complex litigation for secured and unsecured creditors, debtors, and trustees, including:

• Preference, fraudulent conveyance and equitable subordination actions
• Contested disclosure statements and proposed reorganization plans
• Adequate protection motions
• Disputed sales or asset purchases
• Relief from automatic stay
• Claim objections and resolution
• Insurance coverage disputes
• Debtor-In-Possession financing and cash collateral disputes
• Director and officer liability litigation
• Administrative claims

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Bankruptcy Related Transactions

We assist our clients with transactions associated with all aspects of reorganizations. Clients rely on Flaster/Greenberg to negotiate deals, structure transactions, provide counsel with respect to bankruptcy-related ramifications of transactions, and prepare the necessary documentation . Such transactions include: purchase of assets out of bankruptcy; securitizations; mergers and acquisitions; cash collateral stipulations; subordination agreements; leveraged leases; securitizations and other structured financings; forbearance agreements, and debtor-in-possession loans.

Flaster/Greenberg represents both creditors and debtors. As to debtors: Flaster/Greenberg is a debt relief agency, and we help people file for bankruptcy relief under the Bankruptcy Act.

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