Areas of Practice

Bankruptcy, Business Reorganization, & Creditors' Rights

Golub & Golub's bankruptcy, business reorganization and creditors' rights attorneys have had significant experience representing diverse clients, drawn from a wide range of industries, in complex bankruptcy proceedings and business restructurings. Clients have included hedge funds and other financial institutions, manufacturers, retailers, cooperative associations, real estate companies, franchisors and trading companies. In addition to regular representation of debtors and creditors' committees in Chapter 11 and Chapter 7 proceedings, our attorneys have represented a broad range of other constituencies in such proceedings, including commercial banks, asset-based lenders, factors, debtor-in-possession lenders, trustees, landlords, investors, and secured and general unsecured creditors.

Our bankruptcy attorneys support the efforts of the firm's clients represented in our claims trading and secondary bank debt trading practice, and use their expertise to advise clients on the implications of potential bankruptcy issues, under various scenarios, including within and outside the bankruptcy context, and the potential for the recharacterization, subordination or other impairment of such claims and loans. Our attorneys advise clients on the potential bankruptcy consequences of various commercial transactions such as leveraged buyouts, structured financings and recapitalizations with respect to the potential treatment of claims, loans and other investments.

Golub & Golub's attorneys are adept at negotiating with a wide array of official creditor committees and other estate constituencies in bankruptcy proceedings including with pre-petition trade creditors, financial creditors and equity holders. Our attorneys have extensive experience obtaining and negotiating debtor-in-possession financing facilities, negotiating, designing and implementing employee retention programs, conducting sales of non-essential businesses and assets, and negotiating, documenting and confirming Chapter 11 plans of reorganization. Golub & Golub, LLP regularly represents sophisticated purchasers, acquirers and sellers of distressed companies. Among other areas of expertise, we have extensive experience organizing 363(f) sales, negotiating purchase agreements and bid procedures, drafting and putting together competing bids, and negotiating and documenting plans of reorganization.

Our attorneys have represented parties in connection with a wide range of litigation, disputes and other contested matters that arise in the course of bankruptcy proceedings. We counsel clients on ways to reduce exposure to liability from preferential transfers and fraudulent conveyances and also regularly defend clients against such actions in throughout the United States. We also represent clients in claims objection litigation and dischargeability issues in Chapter 7 cases.

The firm's bankruptcy attorneys are regularly admitted to practice in the United States Bankruptcy Courts for the Southern and Eastern Districts of New York as well as a number of bankruptcy courts located in other jurisdictions, including New Jersey, Pennsylvania and Texas and obtain pro hac vice admission status where necessary. In addition, the firm has established relationships with local counsel throughout the country, including the State of Delaware, to assist when local knowledge is required for a particular case.

Areas of Practice

Secondary Loan Trading
& Syndicated Lending
Bankruptcy, Business
Reorganization,
& Creditors' Rights
Claims Trading
& Distressed Investment Advice
Derivatives High-Yield, Private Equity &
"Special Situation" Investments
Banking, Private Lending,
& Loan Enforcement
Commercial Litigation