Williams Kastner homepage

Insolvency

Our bankruptcy lawyers have the experience to handle virtually any insolvency-related problem. We have represented secured and unsecured creditors, debtors, trustees, landlords, tenants, leasing companies and creditors’ committees. We have also represented financial institutions with respect to consumer and commercial bankruptcies and in pre-bankruptcy problem loan work-outs. We have designed, implemented, and updated a comprehensive program for internal processing of consumer bankruptcy for use in an acceptance corporation’s regional office.

Our practice also entails substantial work with respect to the following issues:

Areas of Practice

  • Relief from the automatic stay
  • Adequate protection
  • Cram-down
  • Assumption or rejection of leases
  • Assumption or rejection of executory contracts
  • Reaffirmation
  • Redemption
  • Priority conflicts
  • Perfection of security interests
  • Sales free and clear of liens
  • Plan confirmation
  • True leases vs. security interest

In addition, the firm has prosecuted and defended non-dischargeability claims, objections to discharge, motions to appoint a trustee, motions to convert, motions to dismiss, actions to set aside preferential transfers, actions to set aside fraudulent conveyances, actions to recover unauthorized post-petition transfers, and suits raising lender liability issues.

Our bankruptcy lawyers also have represented trustees in complex bankruptcy cases. They have litigated and successfully resolved equitable subordination issues, lender liability, preference, fraudulent conveyance and legal malpractice issues, among others.

The firm also represents debtors seeking to reorganize under Chapter 11 of the Bankruptcy Code. In these complicated cases, we have successfully assisted our clients in the reorganization process, and have obtained confirmation orders permitting our clients to exit bankruptcy with a fresh start and allowing the business not only to continue but to prosper and grow.

Our lawyers have served as trustees, receivers, examiners, counsel to trustees, counsel to creditors’ committees and counsel to debtors and debtors-in-possession. Legal advice to our banking, leasing, contractor, savings and loan, manufacturing, retail and developer clients faced with an insolvency problem is buttressed by knowledge that can only be gained by substantial experience in representing both creditors and debtors. The Insolvency Group’s lawyers have shared their knowledge by speaking at seminars for other lawyers and to accountant groups, and have published articles on insolvency and debtor-creditor issues.

Our technical experience in this complicated area of practice, in combination with our considerable and extensive litigation capacity, makes us uniquely qualified to represent a client with virtually any bankruptcy or insolvency-related problem.