The Bankruptcy and Business Restructuring Department specializes in the restructuring of companies, the representation of debtors, creditor constituencies and asset acquirors, the application of finance and corporate law, and the conduct of 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 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, prosecute and defend typical bankruptcy avoidance litigation. We also, either alone or in conjunction with the litigation department, have successfully conducted major litigation involving defenses of leveraged buyout and dividend recap 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 and have also, on occasion, defended such actions. 

Patty Chen (Harvard Law School '07) and Andrew Devore (Boston University School of Law '07) prepare first day motions in a new Chapter 11 case.

Do associates have an opportunity to work with different partners?
Absolutely. As new matters are staffed, care is taken to make sure that every associate has the opportunity to work, at one time or another, with every partner in the Department and, where appropriate, with partners outside the Department.

Jonathan Reisman (Georgetown University Law Center '09) works with a major hedge fund client that is buying distressed assets and bankruptcy claims.  For Jonathan’s description of his role in this project, click here.

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, memoranda of law and legal opinions, drafting corporate agreements (such as asset purchase agreements, amendments 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 associate’s role in a recent 1st court appeal.

Raul Alcantar (Harvard Law School '07) is an associate in the New York 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 13 partners and 17 associates in the Boston, New York and London offices.

• Represented the Official Committee of Unsecured Creditors of Charter Communications, Inc. in connection with one of the largest recently filed Chapter 11 cases, including the leading litigation regarding the nonconsensual reinstatement of senior secured bank debt (in excess of $11.8 billion).  At the time of filing, Charter Communications was a Fortune 500 company and the 4th largest cable operator in the United States.
• 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 Avaya in connection with its $950 million international acquisition of Nortel’s Enterprise Business.
• 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.
• Represent the Representatives of the Heirs of Howard Hughes in cases filed in the bankruptcy of General Growth Properties, the largest real estate bankruptcy in U.S. history.
• 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 stalking horse asset acquirers in a successful lender-led credit bid acquisition of Champion Home Builders.