The Bankruptcy and Business Restructuring Department specializes in the restructuring of companies, the representation of creditor and debtor constituencies and asset acquirors, the application of finance and corporate law, and conducting litigation, all within the insolvency context. We work closely with our colleagues in other departments of the firm to structure complex transactions and handle major litigation matters.

FAQs
What do we do?
How are we organized?
How are work assignments distributed?
Do associates have an opportunity to work with different partners?
How much partner contact and client contact will I have as a first-year associate?
What is the range of projects I can expect in my first year?
What sort of formal training will I get to supplement the courses I took in law school?
How big is our department?
What have we done lately?
When do we meet?

What do we do?
The Bankruptcy & Business Restructuring Department lawyers possess strong expertise in the areas of insolvency and bankruptcy law and practice. We are transaction oriented business lawyers, with commercial and litigation backgrounds. We regularly represent debtors, creditor and bondholder committees, secured lenders, asset acquirers and other major players, including sources of new capital, in major reorganization cases throughout the United States and abroad.

We view litigation as an important adjunct to our restructuring practice. We regularly analyze and defend typical bankruptcy and related avoidance litigation. We also, either alone or in conjunction with the litigation department, have successfully conducted major litigation involving defenses of leveraged buyout transactions, real property lease recharacterizations, debt recharacterization and guarantor liability. We have also brought suits on behalf of investors against officers, directors and related third-parties to enhance investor recoveries. 

What is the range of projects I can expect in my first year?
Junior associates are an important part of the lawyer team assembled for each matter. Projects for a first-year bankruptcy associate might include researching and drafting of motions and memoranda of law and legal opinions, drafting corporate agreements (such as asset purchase agreements or credit agreements), conducting due diligence for bankruptcy-related transactions and litigation, and accompanying more senior attorneys to depositions and court hearings. Click here for a description of an associates role in a recent 1st circuit appeal. 

Steve Moeller-Sally (Harvard Law School '01) and Theresa Scheuer (Boston College Law '08) are associates in the Boston office.

What sort of formal training will I get to supplement the courses I took in law school?
In addition to the Firm sponsored training programs which associates in the Department are encouraged to attend, we also hold monthly trainings on key bankruptcy issues.  In each of our monthly Department lunches various topical issues are discussed. Associates often take the lead in presenting a recent decision or other topic of interest. In addition, associates are encouraged to attend various Bankruptcy related programs outside of the office such as those sponsored by the Practicing Law Institute and the American Bankruptcy Institute.   

How big is our department?
The Department is comprised of nine partners and eighteen associates in the Boston and New York offices.

Anne Pak (University of Hawaii '03) works frequently with Department Co-Chair Mark Bane out of our New York office.

• Represented the Official Committee of Unsecured Creditors in the chapter 11 case of Charter Communication, Inc.
• Represented a steering committee of lenders under the $1.5 billion GM term loan, with respect to the recent amendment proposals by GM, in advance of a potential out-of-court or bankruptcy restructuring by GM.
• Represented Bain Capital in connection with its $2.15 billion “stalking horse bid” to acquire substantially all of the assets of the investment management division of Lehman Brothers, Neuberger Berman.
• Represented hedge fund R3 Capital Partners in a sale and settlement transaction in the Chapter 11 cases of Lehman Brothers Holdings Inc. and its affiliates.
• Represented ad hoc term lender committee of Kelson Canada, Inc., in restructuring with Sponsor.
• Represented Sherburn Commons in its Chapter 11 case.
• Represented the Official Committee of Unsecured Creditors in the chapter 11 case of Wellman, Inc.
• Represented Holley Performance Products Inc. in its prepackaged chapter 11 reorganization.
• Representing a steering committee of creditors in a restructuring of their notes in a large Structured Investment Vehicle (SIV) which owns a portfolio of Residential Backed Mortgage Securities.
• Representing a steering committee of first lien term loan lenders of Plastech Engineered Products, Inc. and its affiliates, in connection with Plastech's chapter 11 cases.
• Represented a steering committee of debenture holders of $450 million of subordinated debentures with respect to out-of-court workout negotiations and currently represent the steering committee and the indenture trustee for such bonds in connection with the chapter 11 case of BearingPoint, Inc.