MENU

Bankruptcy, Restructuring, and Creditors’ Rights

See work in this area

In our ever-changing and fragile global economy, Barton’s well-established Bankruptcy, Restructuring, and Creditors’ Rights team is extremely adept at crafting business-minded solutions that are designed to maximize recovery, minimize exposure, and achieve the best possible outcome for our clients.

Practices > Bankruptcy, Restructuring, and Creditors’ Rights
Arbitration Artificial Intelligence Banking and Finance Bankruptcy, Restructuring, and Creditors’ Rights Business Transactions Capital Markets Commercial Litigation Corporate Formation, Governance, and Compliance Cybersecurity, Data Privacy, GDPR Compliance Emerging Companies and Venture Capital Executive Compensation and Separation Financial Services, Investment Funds, and Regulatory Compliance Immigration Insurance Intellectual Property Intellectual Property Litigation Internal Investigations Labor & Employment Advice and Counsel Labor and Employment Disputes Matrimonial and Family Law Real Estate Securities Litigation, Regulatory Investigations, and Enforcement Tax Consulting, Structuring, and Controversy: Federal, International, and State & Local White Collar Defense

We understand that financial distress matters can arise suddenly and require urgent attention. We always work closely with our clients to efficiently and strategically resolve complex financial, operational, and managerial matters. Our goal is to achieve pragmatic, consensual resolution when possible, but we are proactive, effective, and aggressive litigators when necessary.

Barton’s attorneys have extensive experience representing each of the various significant constituencies with an interest in a distressed business or its assets, including debtors, secured and unsecured creditors, official and unofficial committees, court-appointed fiduciaries, DIP and exit financers, investors, and venture capitalists. We have represented clients in virtually every type of distressed financial situation, both in and out of court, including:

  • Loan workouts
  • Contested and out-of-court restructurings
  • Bankruptcy, including pre-packaged bankruptcy
  • Intercreditor disputes
  • Debtor-in-possession and exit financing
  • Crisis management
  • Distressed commercial real estate matters
  • Distressed asset sales and acquisitions
  • Acquisition and trading of claims
  • Distressed retail
  • Debtor/creditor and bankruptcy-related litigation

Additionally, unlike many other debtor/creditor and bankruptcy practices, we do not currently represent major financial institutions in bankruptcy and creditors’ rights matters. As a result, we can act adverse to those entities, which can be a crucial need for our clients swept into financially distressed matters. Because of this practice group’s current 100% major financial institution-neutral status, debtors, other creditors, and creditors’ committees can retain us directly, as co-counsel, or even as conflicts counsel for investigations and litigations.
View all key contacts
Related News
Barton Celebrates 24 Attorneys Selected to Super Lawyers & Super Lawyers: Rising Stars 2025
Complex Commercial Litigator Roger S. Kobert Joins Barton LLP From Carlton Fields
19 Barton Attorneys Recognized by Super Lawyers 2024 for the New York Metro Area
View All Related News
All Practice Areas
Work in this Area

Bankruptcy, Restructuring, and Creditors’ Rights

Close
Representative Matters

Negotiated concessions in collective bargaining for BMG Entertainment in bankruptcy.

Represented a delivery company in several acquisitions of companies in the midst of bankruptcy proceedings.

Has represented multiple companies regarding pension withdrawal liability assessment when collective bargaining-based pension agreements expire, or the company goes bankrupt.

Represented a UK-based worldwide marketing firm in the restructuring of the debt and equity of its U.S. subsidiary. The subsidiary had encountered a series of legal challenges, including class action lawsuits regarding some of its operations. We were able to advise on a restructuring with respect to the ownership of the equity of the subsidiary, resulting in 100% ownership moving to our client and advised the client through its sponsorship of an insolvency proceeding to deal with the claims that had been brought against the business.

Won claim litigation establishing validity of real estate secured lender’s $3.363 million claim against shopping center over objection in bankruptcy case; recovered full claim for attorneys’ fees in underlying action.

Represented the creditors’ committee in the Chapter 11 case of a leading designer and manufacturer in the plastics industry with annual revenues in excess of $100 million.

Represented one of the officially appointed trustees in the Crazy Eddie consumer electronics chain bankruptcy cases. Successfully pursued millions of dollars of claims against members of the Antar family.

Represented investment funds in several distressed corporate financing and bankruptcy situations, including with respect to bankruptcy-related discovery and litigation.

Represented a number of creditor-defendants in threatened—as well as pursued—bankruptcy case-related alleged preference payments and fraudulent conveyance actions.

Represented an education business debtor in its Chapter 11 case as one of the largest corporate entities, with annual revenues of more than $60 million, developed under the federal “No Child Left Behind” law to provide special education services principally to urban school districts throughout the United States.

Represented lenders, investors, and/or other creditors and interested parties in the Chapter 11 cases of: Calpine Corporation (utilities), WorldCom (telecommunications), Exide Technologies (manufacturing), Dana Corp (automotive), Bally Total Fitness (health clubs), Refco (financial services), Pliant Corp (packaging), Nellson Nutraceutical (health foods), Advanced Marketing/Publishers Group (book distributing/publishing), Earth Biofuels Inc. (alternative fuels), American Home Mortgage (financial services), KB Toys (retail), Marcel Paper Mills (paper manufacturing), Bayonne Medical Center (healthcare), Barnert Hospital (healthcare), DOBI Medical (healthcare), Kara Homes (real estate), Solomon Dwek (real estate), New Jersey Affordable Homes (real estate), Rockaway Bedding (retail), Levitz Furniture (retail), Jazz Photo Group (retail), Kiwi and UAL Airlines (airline industry).

Represented a well-known celebrity branding company in compelling the rejection of a trademark license agreement of a retail debtor, thus freeing up the mark from the debtor’s estate and allowing the branding company to pursue other opportunities with it, while also preserving the company’s claims against the debtor.

Represented the owners of the intellectual property relating to “Conan the Barbarian” in the sale of this intellectual property first to a public company for stock, and then when the public company went bankrupt, in recovering the intellectual property from the bankruptcy estate and reselling it for cash to a European buyer.

Represented an internationally-known designer as the only creditor to successfully challenge a retail debtor’s broadly proposed releases, claim waivers, and plan injunction in advance of the debtor’s confirmation of its plan, which allowed our creditor-designer client to continue to pursue multi-million-dollar IP-related claims against the debtor and other insider third parties.

Represented a New York-based commercial real estate construction management firm against a developer-debtor of a 45-story luxury hotel and residential mixed-use complex in mid-Manhattan valued in excess of $100 million. Aggressively and successfully opposed its fast-tracked plan confirmation process so that the client’s multi-million-dollar trust fund-related claims were allowed in full, and the funds for the same were carved out of the estate and set aside as part of the debtor’s plan confirmation.

Represented the creditors’ committee in the Chapter 11 case of a regional furniture retailer and discovered vital information regarding the debtor and its institutional lender that significantly leveraged the unsecured creditors’ position. This resulted in a return to creditors well above that expected at the outset of the case.

Represented several other official and ad hoc trade creditor, bondholder, and equity security holder Chapter 11 committees, including in the cases of Oskar Huber Fine Furniture (retail), HPG International (manufacturing), Lakeview Subacute Care (healthcare), Southmark Corporation (real estate), Circle K Corporation (retail), Merry-Go-Round Enterprises, Inc. (retail), and Zale Corporation (retail).

Represented the bankruptcy estate of a large financial institution in ADR proceedings seeking
indemnification for loan originators’ breaches of representations and warranties on collateral underlying certain mortgage-backed securities.

Represented multinational funds in bankruptcy proceedings arising from the allegations of fraud perpetrated by Bernard L. Madoff Investment Securities LLC.

Barton LLP
Privacy Overview

Our website uses certain cookies to enhance site navigation, analyze website usage, and assist in marketing efforts that may collect your personal information. You can accept or reject these cookies.