The attorneys in Woods Rogers’ Bankruptcy and Restructuring group guide lenders, borrowers, vendors, directors and officers, and small business owners through the complexities facing distressed businesses and their creditors. Our guidance includes solutions for restructuring transactions and loans both inside and outside of the bankruptcy process.
Our attorneys have represented distressed borrowers, lenders, and other creditors in a variety of industries including distribution and logistics, energy, financial services, health care, manufacturing, real estate, retail, and technology.
Chapter 11 Bankruptcy Experience
Our team includes attorneys with experience in complex chapter 11 bankruptcy cases and commercial litigation. These attorneys have developed and implemented restructuring plans to help companies reorganize and emerge from bankruptcy and, if required, sell substantially all of the company’s assets in bankruptcy court. Our bankruptcy litigators have significant experience prosecuting and defending claims in adversary proceedings.
Rich Maxwell is a chapter 11 subchapter V trustee. Under the Department of Justice’s purview, only 250 trustees are selected out of more than 3000 applicants. The group is capable of representing small businesses with reorganization which, under the 2020 CARES Act, may be an option for the next year for companies with up to $7,500,000 in debt.
Acquisition of Distressed Businesses
We have represented purchasers of distressed businesses in all stages of an acquisition in bankruptcy, from initial due diligence, negotiating and drafting transaction documents and procedural pleadings, to the final closing.
- Business restructuring and reorganization
- Asset liquidation
- Purchase and sale of assets of distressed companies
- Commercial collections
- Creditors’ Rights
- Foreclosures, liens, and other matters involving collection of money owed
- Loan workouts
- Out of court restructuring
- Recovery of property
- Successful representation of secured lender in litigation arising in the context of chapter 11 bankruptcy of a regional oil and gas distributor.
- Represented national title insurance company against federal and state law claims asserted by trustee appointed under confirmed chapter 11 plan.
- Represented offshore trust in defense against Rule 2004 examination in chapter 11 reorganization of noteholder.
- Represented secured lender in litigation to establish priority of client’s mortgage lien against adverse claims of corporate insider.
- Lead debtor’s counsel in a 24-month long chapter 11 reorganization for continuing care retirement center.
- Represented official committee of unsecured creditors in a coal mining company’s bankruptcy.
- Represented Official Committees of Unsecured Creditors in cases in Virginia and Delaware, including the Champion Homes, International Garden Products, and Samuels Jewelers bankruptcy cases pending in the District of Delaware and numerous chapter 11 cases in Virginia bankruptcy courts.
- Lead debtor’s counsel in liquidation of modular home manufacturer in chapter 11 case pending in U.S. Bankruptcy Court in Richmond.
- Represented secured and unsecured creditors in chapter 11 cases, including some of the largest cases filed in the United States, including without limitation, representing Fortune 500 companies in the General Motors (Southern District of New York), Hawker-Beechcraft (Southern District of New York), Kodak (Southern District of New York), RG Steel (District of Delaware), and Lyondell Chemical (Southern District of New York) bankruptcy cases.
- Represented lessors in the Circuit City (Eastern District of Virginia), Ennstone (Eastern District of Virginia) and Movie Gallery (Eastern District of Virginia) case.
- Represented the founder and former CEO of Health Diagnostics Laboratories, Inc., pending in the Eastern District of Virginia.
- Lead debtor’s counsel in dozens of liquidations in chapter 11, including companies in the following industries: manufacturing (apparel and furniture), high technology (telecommunications), service (plumbing, food), medical (hospital), financial (hedge fund), and real estate development.
- Represented borrowers (ranging from mom and pop companies to large businesses) and lenders (ranging from community banks to national banks and private investment companies and hedge funds) in countless out-of-court loan workouts and financial restructuring transactions.
- Counsel to a manufacturing company that reorganized and emerged from bankruptcy in 90 days.
- Reorganized a broadband company in bankruptcy preserving jobs and providing for payment to secured lenders and creditors.
- Completed a bankruptcy sale of a seafood company as a going concern.
- Represented vendors in the Circuit City bankruptcy case.
- Represented exchange depositors in the Land America bankruptcy case.
- Represented lender in a bankruptcy sale of a furniture company.