Corporate Reorganization & Bankruptcy
Dressler|Peters has earned a national reputation for financial workouts, receiverships and bankruptcies on behalf of clients large and small. Dressler|Peters’ Corporate Reorganization & Bankruptcy Practice handles reorganization and bankruptcy matters throughout the United States for a wide variety of clients. The hallmark of our practice is our ability to combine a business perspective with our legal expertise to achieve cost-effective results.
The major areas of our Corporate Reorganization & Bankruptcy Practice involve representing:
1. Secured Creditors
2. Equipment Lessors
3. Chapter 11 Debtors/Debtors-in-Possession
4. Real Estate Lessors and Landlords
5. Unsecured Creditors
6. Insurance Companies
7. Chapter 7 and Chapter 11 Trustees
Our experience and nationwide scope of our practice has enabled the attorneys of Dressler|Peters to build working relationships with experienced bankruptcy counsel and appear before numerous judges across the country. Such experience has given us an enhanced perspective and the experience to achieve cost-effective solutions to the most difficult problems facing insolvent companies and their creditors.
Bankruptcy and Reorganization Matters
Dressler|Peters’ lawyers are involved in almost every type of bankruptcy court proceeding. Our lawyers regularly deal with the fast track of pre-packaged and pre-negotiated Chapter 11 plans and have substantial experience in negotiating workout agreements, asset sales, disclosure statements and plans of reorganization. We are familiar with all aspects of creditors’ rights including automatic stay litigation, adequate protection payments, lien avoidance, cram downs, valuation and transfer and assignments issues.
Our lawyers also have extensive litigation experience in the context of bankruptcy adversaries including:
1. Preference claims
2. Post-petition transfers
3. Objection to Claims
4. Fraud
5. Dischargability
6. Set off and recoupments
Out of Court Restructuring – Workouts
DresslerPeters represents clients in out-of-court debt restructuring matters. We have the experience to identify problems early and negotiate quick cost-effective solutions. Dressler|Peters’ lawyers have experience in the following areas of out-of-court restructuring:
1. Review of client’s contract documents and determine whether the client is properly perfected, and identify any potential defects in collateral position;
2. Provide recommended strategy that clients can use to mitigate losses from troubled loans and minimize lender liability issues;
3. Evaluate proposed restructuring proposals and develop alternative financing proposals;
4. Assess clients options in potential bankruptcy proceedings and work to minimize potential preference, avoidance actions and lender liability issues; and
5. Draft settlement and restructuring agreements.
State Law Insolvencies and Receiverships
Dressler|Peters’ lawyers represent clients nationwide in state law receiverships, sometimes in conjunction with state/federal court litigation or bankruptcy proceedings. The laws governing receiverships can vary from those governing bankruptcy cases. DresslerPeters’ attorneys have the experience to navigate the various laws related to state court receiverships and bankruptcies and use our experience to achieve cost-effective solutions for our clients.
Insurance Related Matters in Bankruptcy
Dressler|Peters’ attorneys represent insurance companies in proceedings where the insured or party to litigation is in bankruptcy. These proceedings often involve multiple venues where bankruptcy courts handle certain issues and state or federal courts resolve others. Our lawyers have the experience to handle these complex situations.
Real Estate Related Issues
Our lawyers regularly address real estate related issues arising in bankruptcy or receivership proceedings. These issues include lien disputes, mechanic’s liens, foreclosures, shopping malls, ground leases and environmental claims.
Significant Representations
The following list highlights the bankruptcy and workout engagements involving attorneys of Dressler|Peters classified by industry. Each entry contains the name of the debtor and the venue of the case or matter (or if it was an out-of-court matter, its headquarters).
1. Aviation
a. In re McC Aviation (District of Minnesota)
b. In re Bimini Island Air Inc. (Southern District of Florida)
c. Marlin Air, (Eastern District of Michigan)
d. Dry Lake Dairy (Florida)
e. Cincinnati Helicopters (Ohio)
f. Hartland Aviation (Kentucky)
2. Construction
a. In re Rotec Industries, (District of Delaware)
b. Kenny Industrial Services, Inc. (Northern District of Illinois)
c. In re Artesian Water (Western District of Pennsylvania)
d. Big Johnson Concrete Pumping, (Southern District of Florida)
e. Bouie Construction, (Illinois)
f. In re Construction Fleet Services, (Central District of California)
3. Energy
a. Imperial Oil Company (Washington)
b. In re Heating Oil Company, (District of Connecticut)
c. Magnolia Propane Gas, Co. (Mississippi)
4. Finance
a. In re Linc Capital (Northern District of Illinois)
5. Health Care and Related Industries
a. In re Optobionics (Northern District of Illinois)
b. In re Owens Research, (Middle District of Florida)
c. In re Springfield Medical Laboratory (Western District of Oklahoma)
6. Logistics
a. In re Summit (District of New Jersey)
7. Manufacturing
a. In re Aero Plastics, Inc. (Northern District of Georgia)
b. In re Chapco, (Northern District of Illinois)
c. In re Rockford Products, (Northern District of Illinois)
d. Lytech Corporation (Illinois)
e. Riverfront Plastics (Michigan)
f. In re Jore Manufacturing (District of Montana)
g. In re US Plastic Lumber, Inc. (Southern District of Florida)
8. Retailing and Distribution
a. In re Kmart, (Northern District of Illinois)
b. Bills Dollar Stores (District of Delaware)
9. Transportation
a. In re Brankle Brokerage and Leasing (Northern District of Indiana)
b. In re Dukes Truck and Trailer Services, Inc. (Southern District of Ohio)
c. In re Brent Forbes Trucking (Western District of Missouri)
d. TDT, Inc., (Florida)
e. In re J Lee Transports, Inc. (Southern District of Florida)
10. Waste Management
a. In re City Sanitation, (Middle District of Florida)
b. In re LWD, Inc, (Western District of Kentucky)
c. In re Mendon Industries (Middle District of Florida)
The preceding list is illustrative and does not include numerous other engagements in which Dressler|Peters’, attorneys have represented parties-in-interest in bankruptcy and state insolvency proceedings. Certain of these matters were handled by Dressler|Peters’ attorneys while they were at other firms.