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.