Bankruptcy, Insolvency & Creditors' Rights

Counsel with a balanced perspective can help find better results during difficult times

Shumaker's Bankruptcy, Insolvency & Creditors' Rights team helps stakeholders in business insolvencies protect and maximize the value of their interests. We consult on contractual obligations, restructure balance sheets, resolve legacy obligations, and achieve workforce reductions. Our lawyers devise creative, strategic solutions that meet our clients' goals.

Representative clients:

• Creditors' committees
• Suppliers to or customers of distressed companies
• Financial institutions and lenders (both secured and unsecured)
• Distressed companies, including boards of directors, private equity, and portfolio companies
• Foreign debtors or administrators in cross-border insolvency cases
• Trustees in bankruptcy
• Receivers for distressed assets
• Counter-parties to contracts with distressed companies
• Buyers of distressed assets
• Landlords and tenants

Our Services

• U.S. and global insolvency cases
• Official creditors' committee representation
• Unsecured creditors' rights and remedies
• Secured lender rights and remedies
• Bankruptcy or workout planning
• Fiduciary duties of officers and directors
• Chapter 11 filings
• Chapter 7 liquidations
• Cross-border insolvencies, including Chapter 15
• Post-petition financing
• First-day motions
• Receiverships
• Assignments for the benefit of creditors
• Non-bankruptcy workouts and forbearance agreements
• Avoidance litigation
• Preference defense
• Equitable subordination claims
• Lender liability claims
• Section 363 sales
• Forensic analysis
• Intellectual property rights in bankruptcy
• Labor and employment rights for insolvent companies
• Collective bargaining and retiree obligations
• Tax issues arising from distressed companies