Bankruptcy And Restructuring

Wallin & Russell has tremendous bankruptcy and restructuring experience.  We represent both creditors seeking to collect money and debtors eager to restructure their debts.  On the creditor side, we collect money, obtain possession of collateral, foreclose on real estate, and otherwise protect our clients’ rights in bankruptcy court.  On the debtor side, we represent businesses and individuals in financial distress by negotiating with creditors, defending against collection actions, and using the bankruptcy process to protect our clients’ assets and restructure their debts.  In particular, we have substantial Chapter 11 bankruptcy experience, on both the debtor and creditor sides.

Pre-Bankruptcy Planning

Bankruptcy experience is often most valuable before any bankruptcy case has been filed.  We help our clients avoid bankruptcy by negotiating workout and forbearance agreements. On the creditor side, we frequently prevent debtors from filing bankruptcy by explaining to them why they are better off paying our clients than filing bankruptcy. When bankruptcy is inevitable, we assist our clients in taking the necessary advance steps to achieve positive outcomes in bankruptcy court.

Creditor Representation

We represent creditors in all bankruptcy-related matters, including:

  • Proofs of claim
  • Relief from the automatic stay
  • Objecting to Chapter 11 and Chapter 13 plans
  • Objecting to discharge
  • Objecting to fee applications
  • Identifying and liquidating debtors’ assets

In bankruptcy, creditors often benefit from taking quick, aggressive action.  We have been successful in making sufficient “noise” in bankruptcy cases to obtain good results for our creditor clients.

Debtor Representation

We represent debtors in Chapter 11 bankruptcy cases, as well as complex Chapter 7 bankruptcy cases.  It is easy to merely file a bankruptcy case, but it requires careful planning and expertise to successfully “exit” bankruptcy with a discharge and/or reorganization of debts.  We have an excellent success rate in obtaining confirmation of Chapter 11 plans of reorganization.  We have also helped debtor clients escape precarious debt problems in Chapter 7 bankruptcy.

Adversary Proceedings and Bankruptcy Litigation

We handle all bankruptcy-related litigation, including adversary proceedings.  Creditors are often well served to initiate adversary proceedings objecting to debtors’ discharge, and debtors face “high stakes” litigation when their discharge is in jeopardy. Attorneys with litigation experience often struggle in bankruptcy-related litigation because of its unique aspects. Experience is especially important in this area of law, and we have successfully litigated many adversary proceedings and other bankruptcy matters.