Bankruptcy, Restructuring & Commercial Litigation

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The Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Practice Group has extensive experience representing all types of parties in complex bankruptcy and insolvency matters, including related transactional matters, loan workouts and restructurings, and litigation proceedings. Our attorneys evaluate client matters promptly and develop and implement creative solutions to advance and protect clients’ interests.

The attorneys in this group partner with our other practice groups to provide clients with a full spectrum of legal services. Our goal is to provide clients with multidisciplinary options to challenges their businesses face.

Hodgson Russ has been awarded prestigious Best Law Firms Metropolitan Tier 1 rankings by Best Lawyers/U.S. News & World Report in the Bankruptcy and Creditor Debtor Rights category and the Insolvency and Reorganization Law category.

Experience

• Workouts, restructuring, arrangements, and compositions both inside and outside the context of pending bankruptcy proceedings and before the U.S. bankrupcy courts, including cases and adversary proceedings under Chapters 7, 11, 12, 13, and 15 of the U.S. Bankruptcy Code
• Protection of secured creditor collateral positions and enforcement of secured obligations
• Representation of corporate indenture trustees and bondholders
• Asset and business acquisitions from bankruptcy estates
• Actions under state and federal fraudulent conveyance laws
• Preference avoidance actions
• Asset protection planning for business entities and individuals
• Secured "Article 9" transactions, commercial paper, sales of goods, and other Uniform Commercial Code matters
• Director and officer liability
• Lender liability
• Commercial real property leases and eviction proceedings
• Representation of foreign representatives of debtors in cross-border Chapter 15 cases
• Financial institution loss prevention issues, including bank fraud and commercial paper
• Federal and state insolvency-related tax, pension, and welfare benefit plan issues and proceedings
• Civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO)
• Mortgage, Article 9, and mechanics’ lien foreclosures; replevin actions; and statutory actions to recover chattels and other foreclosure matters
• Court-appointed receivership proceedings
• Obtaining and enforcing money judgments

Representation

• Debtors, both publicly and privately owned
• Financial institutions, including commercial banks, savings banks, and other private lenders, including asset-based and real estate lenders
• Indenture trustees and bondholders
• Secured and unsecured creditors
• Equity owners
• Creditors’ committees
• Equity committees
• Trustees and examiners
• Court-appointed receivers
• Equipment lessors
• Commercial landlords and tenants
• Buyers of assets from bankruptcy and foreclosure sale proceedings
• The Securities Investor Protection Corporation

The Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Group practices regularly before all federal and state courts in New York and Florida at the trial and appellate levels.

Selected Chapter 11 Cases

Some of the notable cases our attorneys have worked on include In re Able Laboratories, In re Adelphia, In re Al Tech Steel, In re American LaFrance, In re Ames, In re Amherst Orthopedic Associates, In re ANC Rental, In re Beat Publications, In re Bennett Funding, In re Bethlehem Steel, In re Bidermann Industries USA, In re Big V Holding, In re Bradlees Stores, In re Bry Lin Hospital Legacy Nursing Homes, In re Brylin Hospitals, In re BSC Development BUF (Statler Towers), In re Buffalo Color, In re Buffalo Sabres, In re Building Materials, In re Bush Industries, In re Carpenter, In re Casual Male, In re Circuit City Stores, In re CNB International, In re Colad, In re Corson Manufacturing, In re Crouse Hospital, In re Daimler Chrysler, In re Dana, In re Delphi, In re Dow Corning, In re Enron, In re Euro-United, In re Exodus, In re FAO, In re Federal Mogul, In re Fiddlers Green Manor Nursing Home, In re General Motors, In re Grand Union, In re Hamlin Terrace, In re Hayes Lemmerz International, In re Holiday Harbor, In re Jacobson Stores, In re Laidlaw, In re Lear, In re Leaseway, In re Lehman Brothers Holdings, In re Lenatures, In re Lexington Precision, In re Lodgian, In re LTV, In re Lyon Capital, In re Lyondell Chemical, In re Mortgage Lenders Network USA, In re Nanodata Computer, In re Northeast Biofuels, In re Northwest Airlines, In re Northwestern Steel and Wire, In re Odds & Ends, In re Osage, In re P. J. Schmidt, In re Premier Cruise Lines, In re Prime Capital, In re Proliance International, In re Promedicus Health Group, In re Prudential Associates, In re Rama Group, In re Republic Technologies, In re Rhythms Netconnections, In re Sababa Group, In re Solutia, In re South Point Energy Center, In re Stone Barn (formerly Steve & Barry’s), In re Studio Arena Theatre, In re Sunbeam, In re TXP, In re Upson Company, In re Valeo, In re Victor Insulators, In re Victory Markets, In re Vitale Enterprises, In re W&F Manufacturing, and In re WCI Steel.

Cross-Border Practice

Hodgson Russ lawyers in our Canada offices practice U.S. law exclusively. Over the past 50 years, our firm has developed a strong practice advising Canadian clients on a broad range of cross-border and U.S. legal matters. Important areas of cross-border practice include U.S. corporate finance and securities, immigration, international tax, structuring of business interests and other corporate law issues, intellectual property, labor and employment, strategic alliances, environmental, bankruptcy, and insolvency law. Hodgson Russ attorneys work cooperatively with Canadian clients’ accountants, Canadian attorneys, and other professional advisors.