Creditors' Rights, Bankruptcy and Reorganization

The Creditors’ Rights, Bankruptcy and Reorganization Group combines the experience of our bankruptcy, workout and litigation attorneys with that of the firm’s banking, labor and employment, corporate and land use attorneys. Working with experienced paralegals and other professional staff, our attorneys provide clients with effective and cost-efficient solutions.

We represent lenders and borrowers in the enforcement and restructuring of loan and credit obligations. We advise clients on issues relating to the restructuring of debt, including forbearance agreements, the securing of additional collateral and the liquidation of existing collateral. We represent clients in all aspects of creditors’ rights litigation, including foreclosure of mortgages, recovery of property, collection of money and defense of lender liability claims. We also prosecute and defend actions involving debtors in bankruptcy, including motions for relief from the automatic stay, preference actions, proceedings to determine cash collateral use and objections to the dischargeability of certain debts.

We represent commercial landlords, including retail mall owners and managers, in bankruptcy cases throughout the United States. Recent engagements include Linens ‘N Things, Tweeter, Bombay Company and Ritz Camera.

We advise clients on the advantages and disadvantages of bankruptcy protection and represent debtors in Chapter 11 bankruptcy proceedings and out-of-court workouts. We also advise clients on the adequacy of debtor disclosure statements, the feasibility of Chapter 11 reorganization plans and the prosecution of adversary proceedings within a bankruptcy case.

We frequently represent clients seeking to buy or sell distressed businesses in or out of bankruptcy. We counsel clients with respect to these business dispositions, including successor liability issues. We represent bankruptcy trustees and court-appointed examiners, federal and state court receivers and unsecured creditors’ committees in Chapter 11 bankruptcy proceedings and out-of-court workouts, and we assist bankruptcy trustees in navigating their obligations in connection with the administration and termination of ERISA-qualified defined benefit and defined contribution plans.

Although our offices are all in Massachusetts, our bankruptcy practice is national in scope.  We frequently appear for clients in cases filed in Delaware, New York, Texas and other jurisdictions where we will, if necessary, affiliate with local counsel but maintain primary responsibility for the matter at hand.