Bankruptcy and Corporate Restructuring

Trade creditors, secured lenders, credit managers and business leaders often find that they need guidance on bankruptcy and insolvency matters. BrownWinick assists clients with analyzing the legal issues involved in business bankruptcy cases, identifying the benefits and drawbacks of alternative courses of action, advising clients on strategic solutions and communicating our clients’ legal positions in negotiations and court proceedings.

The firm represents creditors, creditors' committees and debtors in all phases of bankruptcies, corporate reorganizations, loan workouts and debt restructuring, foreclosures and receiverships and the purchase of assets, securities and businesses from bankruptcy estates and troubled companies. Our attorneys have represented clients with respect to case initiation, authority to use cash collateral, obtaining post-petition financing, the hiring of professionals, the negotiation and drafting of plans of reorganization and the plan approval process, the filing and defense of claims and interests, recovery of estate property, and the prosecution and defense of various adversary proceedings. The firm also provides counsel to clients’ foreclosures and receiverships as well as in out-of-court corporate restructurings, loan workouts, creditors’ rights issues, acquisition of troubled companies and financing.

At BrownWinick, we pride ourselves on offering vast technical legal expertise and on our ability to use our experience to help clients develop effective, creative and efficient strategies to achieve their goals. Not only can BrownWinick provide experienced bankruptcy attorneys, our Bankruptcy and Corporate Restructuring practice group is also able to draw from the firm’s other practice areas to provide our clients with counsel experienced in corporate and partnership formation, mergers and acquisitions, corporate governance, securities law, finance, tax law, business litigation and other areas critical to bankruptcy matters and the restructuring of businesses. In particular, BrownWinick believes that our substantial experience in representing numerous clients in the renewable fuels and agricultural industries uniquely positions us to provide guidance regarding changes and trends in these industries. 


Corporate Restructuring and Workouts
BrownWinick’s extensive experience in corporate and partnership formation, as well as in mergers and acquisitions, together with our restructuring practice, provides the firm with strong capabilities in the representation of buyers, sellers, investors and financial advisors in acquisitions and divestitures of insolvent or troubled companies or their assets or securities. Additionally, a significant part of the firm’s practice involves providing our clients representation and guidance in non-judicial corporate reorganizations, debt restructurings and workouts.

Representation of Creditors
BrownWinick attorneys frequently provide representation to secured and unsecured creditors in bankruptcy proceedings as well as to creditors dealing with troubled companies who seek to minimize their exposure prior to a potential bankruptcy filing. The firm’s lawyers have extensive experience in defending preference and fraudulent conveyance actions, in lifting the automatic stay, in obtaining adequate protection, in conditioning the use of cash collateral and in protecting the claims and interests of secured, unsecured and administrative claimants.

Representation of Debtors
BrownWinick attorneys have also represented business debtors in bankruptcy as well as troubled companies. The firm’s representation includes pre-bankruptcy counseling and developing strategies for clients to avoid a bankruptcy or similar insolvency filing altogether, as well as the representation of debtors in the successful reorganization of their businesses and emergence from bankruptcy.

Representation of Creditors’ Committees
BrownWinick attorneys have extensive experience in representing official unsecured creditors’ committees in Chapter 11 cases, including the formation of creditors' committees, securing the appointment of creditors to creditors' committees and in serving as counsel to creditors' committees.

Bankruptcy Litigation
BrownWinick attorneys have prepared, prosecuted and defended numerous adversary and contested matters involving lifting the automatic stay, preferences and fraudulent conveyances, setoff, the nature, extent and priority of liens, the subordination of claims and interests, the assumption and rejection of executory contracts, the turnover of estate property, the dischargeability of debts and the use of cash collateral and adequate protection.