Bankruptcy & Creditors’ Rights

Kaplan Voekler Cunningham & Frank PLC provides bankruptcy and creditors’ rights services to virtually every type of party involved in the restructuring or liquidation of a distressed entity: debtors; creditors; committees; trustees; asset sale bidders and purchasers; and landlords. Our bankruptcy professionals have significant experience in matters ranging from simple to sophisticated, in and out of court.

Because many financial distress situations involve a skilled balancing of legal issues and business objectives, our Bankruptcy and Creditors’ Rights Team routinely incorporates the diverse skills of the Firm’s other transactional and litigation attorneys to achieve the best business results for our clients.

Debtor Representation

If a company has fallen into financial distress, the advice of legal counsel can make the difference between reorganization and liquidation. Kaplan Voekler Cunningham & Frank PLC offers the expertise and practical experience to achieve a cost-effective solution, which does not always involve the filing of a bankruptcy petition. We will assess the situation, explain the risks and benefits of the available options, and advise our clients to achieve their goals.

Committee Representation

The goal of an official committee of unsecured creditors in a bankruptcy proceeding is to protect the interests of its constituents by preserving the bankruptcy estate. In virtually any case that justifies the formation of a committee, that committee will require the advice of counsel. At Kaplan & Frank, we combine our understanding of the bankruptcy process with our practical, results-based approach to advise the committee of its rights and remedies and the course of action that will best ensure that it discharges its duties while maximizing the returns to its constituents.

Bankruptcy Litigation

Litigation in the bankruptcy context is a peculiar practice that requires litigation and trial skills, an understanding of the Bankruptcy Code, and the practical experience to foresee the optimal solution. We are equipped to handle litigation issues normally arising in bankruptcy cases, such as claim resolution, business ownership disputes, discharge and dischargeability claims, fraudulent conveyances, determination of lien rights, and plan confirmation.

Fraudulent Transfer and Preference Defense

The underlying principle behind the avoidance of fraudulent and preferential transfers is to further the bankruptcy policy of equality of treatment among similarly situated creditors. Our understanding of the law and dynamics of these types of claims in the bankruptcy context enable us to counsel our clients with a practical and cost efficient approach to resolving preference demands.

Acquisition of Distressed Assets

Purchasing distressed assets requires counsel in the art of the transaction and the legal procedure to ensure that the buyer’s rights are protected and the optimal result is achieved. From identification of assets, to negotiation of the purchase price, through closing, our transactional lawyers work in tandem with our bankruptcy lawyers to shepherd our clients through all phases of the acquisition.

Workouts and Financial Restructuring

Bankruptcy is not always the optimal solution to resolve a situation of financial distress. Our lawyers partner with our clients to structure and negotiate out-of-court workouts to meet the objectives of all interested parties. We offer creative, cost-effective, practical solutions that often lead to results without litigation.

Creditors and Landlord Rights

When dealing with a financially distressed party, a creditor must act quickly to ensure that they maximize recovery while complying with the relevant law; particularly where collateral or leased property is concerned. Our lawyers can initiate the creditor process in state or federal court at a moment’s notice to position our clients in the best posture for recovery without the added cost of extensive litigation. Of course, when negotiated solutions are not viable, we stand prepared to litigate aggressively.

Tenant-in-Common Workouts

Kaplan Voekler Cunningham & Frank PLC has a significant presence in the TIC industry, representing both managers of TIC-owned assets and TIC ownership groups. We regularly assist TIC groups and their management teams with loan work-outs, dispositions, “roll-up” transactions, and bankruptcies involving the sponsor, master tenant, or co-owner. Our experience in this niche rivals that of any firm in the country.

Attorneys

Christopher J. Hoctor
Troy Savenko
Leslie A. Skiba