Bankruptcy

 
 

Bankruptcy

 
 
  • Fletcher Tilton’s experienced attorneys understand bankruptcy law from every angle, working with debtors as well as secured and unsecured creditors. Our team includes a past member of the U.S. Trustees’ Region I private panel of bankruptcy trustees.
  • Drawing on expertise across practice areas, our interdisciplinary support enables clients to benefit from the firm’s depth of experience.  From bankruptcy protection measures to the purchase of distressed assets, we advise clients on strategies to address all relevant aspects of bankruptcy for their individual situation.
  • One benefit of our extensive bankruptcy experience is frequent interactions with the bankruptcy courts and their judiciary.  We apply our knowledge gained from multiple courtroom appearances to plan the best strategy for each client’s specific case.

 

Comprehensive Advice

The goal for Fletcher Tilton’s bankruptcy practice is to preserve and protect our clients' capital and business interests. To achieve this goal, we offer clients comprehensive advice and strategic approaches. Our clients benefit from the expertise of other attorneys within the firm in areas including tax, real estate and banking. This interdisciplinary support provides our clients with fully integrated representation.

Fletcher Tilton's Bankruptcy & Creditors' Rights Practice Group offers advice and representation to economically troubled businesses, financial institutions and other entities on such issues as insolvency, bankruptcy, restructuring of loan obligations and recovery of problem credits.

Preserve and Protect

We provide representation to debtors and creditors in all aspects of bankruptcy and are familiar with the entire spectrum of issues common to bankruptcy and pre-bankruptcy proceedings.

Whether a debtor or creditor, it is prudent to consider bankruptcy possibilities long before an operating concern's problems reach a critical stage. By anticipating downside scenarios, our clients can plan on the best approach to address them. We advise our clients on the many options available to manage their financial difficulties or problem credits, including the possibility of negotiated settlements, loan restructuring, and workouts, both within and outside the context of bankruptcy. We seek to ensure that our clients fully understand the law as it applies to them so that they may take full advantage of the available protections and opportunities for business planning.

For lenders, we assist in taking appropriate action to preserve and protect their collateral and when necessary to foreclose on that collateral, including the handling of residential and commercial foreclosure proceedings, the repossession of real and personal property, and the sale of collateral to satisfy outstanding loan obligations.

Free and Clear Transactions

The misfortunes of some can present opportunities for others. We advise our clients interested in purchasing the assets of distressed parties on appropriate approaches to creditors and debtors to ensure that any assets purchased are free and clear of all liens and claims. As professionals practicing in the bankruptcy and creditors' rights area, we offer the kind of practical advice which only experience can provide.

Representative Cases
  • Counsel to Chapter 11 debtor involving a New England distributorship.  Successfully restructured the business and confirmed a Chapter 11 plan.
  • Counsel to distressed company and successfully negotiated restructuring of secured claim.
  • Counsel to creditor defendants in Massachusetts, South Carolina, Delaware and Georgia.
  • Counsel to senior mortgage lenders in Chapter 11 real estate development case.  Obtained relief from stay over objection by debtor and oversaw secured party sale of assets.
  • Counsel to successful purchaser of Chapter 11 real property assets.

Overview

 
 
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