Individuals or businesses swept into the arcane and often frustrating world of Bankruptcy Court after a customer, supplier or business partner has filed for bankruptcy often turn to Walter & Haverfield for guidance and representation. We understand the many issues that arise in this specialized area of the law and are experienced in helping our clients protect their interests and maximize their recoveries in bankruptcy cases arising under chapters 7, 11 and 13 of the United States Bankruptcy Code.
Outside of bankruptcy, we assist our clients in dealing with financially distressed entities. We help creditors exercise the full range of remedies available to them under the law, including obtaining judgments and pursuing collection of those judgments through foreclosures, seizures, secured party sales, garnishments and the like. We pride ourselves on doing so with creativity, maximum efficiency and at reasonable cost to the client.
Individuals or businesses swept into the arcane and often frustrating world of Bankruptcy Court after a customer, supplier or business partner has filed for bankruptcy often turn to Walter & Haverfield for guidance and representation.
Recent accomplishments of this group include:
- Successfully prosecuted lien claims arising under Ohio’s molder’s lien statute to obtain payment in full of a client’s prepetition claims in the chapter 11 case of a major automobile parts manufacturer.
- Negotiated advantageous critical vendor arrangements in multiple chapter 11 cases enabling clients to obtain prompt payment of outstanding amounts due for pre-petition deliveries of goods.
- Advised clients on various issues in connection with the acquisition of assets from chapter 11 debtors and/or other financially distressed entities.
- Defended and satisfactorily resolved various fraudulent conveyance and preferential transfer claims asserted under the avoidance provisions of the United States Bankruptcy Code.
Areas of Emphasis
Bankruptcy
The attorneys in the Bankruptcy and Creditors’ Rights Practice Group have represented business debtors, bankruptcy trustees, unsecured creditors’ committees and secured and unsecured creditors in bankruptcy cases throughout the United States. They can provide informed counsel on such bankruptcy matters as:
- Negotiation of Critical Vendor Agreements
- Assumption and Assignment of Executory Contracts
- Assumption and Assignment of Real Property Leases
- Acquisition of Assets under Section 363 of the Bankruptcy Code
- Negotiation of Bid Protections and Break-Up Fees
- Negotiation and Documentation of Debtor-in Possession Financing Arrangements
- Defense of Preference and Fraudulent Conveyance Claims
- Requests for Payment of Administrative Expenses
- Reclamation and Claims Under Section 503(b)(9) of the Bankruptcy Code
- Obtaining Adequate Protection for Secured Creditors
- Obtaining Relief from the Automatic Stay
- Proof of Claims
- Claims Litigation
Creditors' Rights
In addition to representing creditors in bankruptcy matters, W & H’s Creditors’ Rights team have the expertise to advise and represent clients in:
- Loan Workouts
- Foreclosure Litigation
- Receiverships
- Commercial Collections
Because of their experience and expertise in bankruptcy and creditors’ rights matters, attorneys in the Firm’s Creditors’ Rights and Bankruptcy Practice Group are able to represent the interests of their clients with maximum efficiency at reasonable cost.
Recent NewsJanuary 2011In Part Two of his article, "Show me the money! Bankruptcy claims under Section 503(b)(9)," published in the January 7, 2011 issue of Westlaw Journal - Bankruptcy, Michael D. Zaverton explained how creditors can maximize recovery through the proper assertion of claims under Section 503(b)(9) of the Bankruptcy Code. October 2010In Part One of his article, "Show me the money! Bankruptcy claims under Section 503(b)(9)," published in the October 1, 2010 issue of Westlaw Journal - Bankruptcy, Michael D. Zaverton discussed the aforementioned Bankruptcy Code Section and the protection it offers trade creditors who sell raw materials or goods on credit. |
Recent PublicationsMarch 2010 - "Essential Tools for Surviving in a Troubled Economy: How to Deal with a Financially Distressed Buyer of Goods"January 2010 - WE WANT OUR MONEY BACK!! What to Do If You Receive a Preference Demand Letter December 2008 - Your Customer Has Filed For Bankruptcy: What Should You Do? |
