Protecting and enforcing creditors’ rights in bankruptcy is the core of our nationally recognized practice.  That’s why creditors turn to us time and again.  Creditors count on us to guide them through both out-of-court and court supervised insolvency proceedings, liquidations, and post-confirmation matters.

Our team works on behalf of individual creditors, creditors’ committees, financial institutions and indenture trustees in all aspects of the insolvency process, across domestic and foreign jurisdictions and within a variety of industries, including retail, energy, financial services, gaming, telecommunications, manufacturing, technology, chemical and steel.  Our clients trust us to advocate for their interests, to structure and lead negotiations to achieve practical solutions and, when necessary, aggressively litigate the most complex bankruptcy disputes.

Our clients tell us that one of our greatest strengths is communication, and it shows through our proven track record of successfully bringing together diverse constituencies and delivering creative solutions to the disputes that often arise in sophisticated restructurings. We put ourselves in our clients’ shoes―developing an understanding of the implications of distressed situations to their business and executing strategies that maximize recovery, minimize exposure, and achieve successful results.  Drawing on the knowledge and broad capabilities of our colleagues in litigation, corporate, securities, real estate and tax, we’re able to provide creditors with a comprehensive and business-focused approach to dispute resolution.

We also understand that working through creditors’ issues without litigation translates into substantial savings for our clients.  Drawing on industry relationships spanning decades, we’re able to establish consensus among all parties involved and resolve the most challenging creditors’ rights issues due to our reputation for fair and effective advocacy.  Our widespread network of longstanding relationships includes not only our peers but also the judiciary and the U.S. Trustee’s office.

When a compromise isn’t feasible, our attorneys vigorously pursue the interests of our clients through judicial proceedings.  We represent clients in actions brought by debtors, trustees and statutory committees, and receivers in all types of bankruptcy-related lawsuits, including avoidance actions, fraud, breach of fiduciary duty, and directors’ and officers’ liability.

Our lawyers support clients in the following types of matters:
 

• Creditors’ Committees.  We have a nationally recognized practice representing committees in numerous industries, including retail, technology, food and beverage, energy, telecommunications and manufacturing.  Creditors’ committees that work with Kelley Drye appreciate that they are thoroughly protected by advocates who aggressively represent their interests while also pursuing constructive, pragmatic and creative resolutions to maximize value.  A selection of our creditor committee representations include American Tire Distributors, Conexant Systems, dELiA*s, Dickinson Theatres, Fuddruckers, Garden Fresh, GT Advanced Technologies, Jennifer Convertibles, Kid Brands, Loehmann’s, Logan’s Roadhouse, Macaroni Grill, Metro Fuel, OCZ Technology Group, Portrait Innovations, Radio Shack, Real Mex Restaurants, Scout Media, The Limited, The Walking Company, USA Discounters, Women’s Apparel Group and Z Gallerie.


• Retail.  For three decades, our team has represented landlords, owners and developers of shopping centers, and purchasers of real property and leases in bankruptcy cases. We’ve handled over 400 retail bankruptcy cases and out-of-court restructurings across the country. Our team is involved in virtually every major retail case and has confronted practically every issue that arises in these cases. Established relationships with liquidators, consultants, asset based lenders and retail debtors’ counsel create connections that enable us to reach prompt resolutions, maximize our clients’ ability to control their properties and realize value from their transactions. A selection of our experience in prominent retail cases includes Aéropostale, A&P Supermarkets, BCBG, Buffets, Circuit City, Fresh & Easy, Golfsmith, Hancock Fabrics, Joyce Leslie, Pacific Sunwear, Picture People, RadioShack Corporation, Sbarro, The Sports Authority, Trade Secret, United Retail Group, Vestis Retail Group, and Wet Seal.
   
• Indenture Trustees.  Indenture trustees turn to us to advocate for their interests in multi-billion dollar, complex out-of-court restructurings and bankruptcies both in the U.S. and around the world. Our work includes representing indenture trustees in the principal chapter 11 proceedings and related litigation. A selection of our indenture trustee representations include Afren, Airplanes Group, American Eagle Energy, Arch Coal, Caesars Entertainment, Chaparral Energy, James River Coal, Lighstream Resources, Midstates Petroleum, Residential Capital, and Warren Resources.
   
• Post-Confirmation.  Our attorneys work with post-confirmation plan administrators to administer and recover assets, liquidate claims, reconcile claims, pursue litigation, and distribute recoveries. A selection of our post-confirmation work includes Betsey Johnson, B&H Ocean Carriers, Circuit City, Coldwater Creek, Event Rentals, Jennifer Convertibles, Fuddruckers, Noranda Aluminum, Uni-Marts, VeraSun Energy Corporation and Verestar.

To view a copy of the firm’s latest Distressed M&A Report, please click here. For more information on the Report, please contact Benjamin Feder.