- Asset Sales and Purchases
- Chapter 7 Liquidations
- Chapter 11 Reorganization
- Chapter 15 Cross Border Insolvency
- Creditor Representation
- Preferences and Fraudulent Transfers
- Pre-Bankruptcy Planning and Restructuring
- Litigation and Adversary Proceedings
- Trustee, Examiner, and Committee Representation
ASSET SALES AND PURCHASE
Bankruptcy sales provide great opportunities for purchasers to acquire assets at sometimes bargain prices. However, bankruptcy sales contain many unique features not encountered in other contexts — features designed to protect the rights of parties who are neither the buyer nor the seller. HWA regularly helps parties through the sales process.
Managing creditors, assets, and pitfalls before and during a Chapter 7 proceeding takes the skill, foresight, and communication savvy that only comes from long-time experience. HWA has overseen hundreds of Chapter 7 liquidations, always making the best of our clients’ situation, whether debtor, creditor, or trustee.
We have structured and negotiated intricate buy-outs of numerous businesses and assets in bankruptcy cases across the country. Our understanding of federal statutes and our depth of experience in bankruptcy matters result in superior performance — regardless of the industry involved.
HWA makes the Chapter 11 process less painful and more profitable. Our attorneys have substantial experience in the planning and execution of Chapter 11 reorganizations and asset sales as well as the lending and investing that are an integral part of these cases. Our firm delivers optimal results and opportunities with the least disruption of your business operation as is possible.
Chapter 15 is the newest chapter of the Bankruptcy Code, having gone into effect in late 2005. Because Chapter 15 is based on the Model Law on Cross-Border Insolvency that was adopted by the United Nations Commission on International Trade Law, the United States interpretation must be coordinated with the interpretation given by other countries. HWA has significant experience in these proceedings.
Creditors can rely on HWA to advise on consumer or corporate bankruptcy debtor’s cases. We actively protect creditors’ rights. Our unsecured creditor clients run the gamut from small businesses pursuing collection of a claim to large institutional investors. Our Business Bankruptcy lawyers protect unsecured creditors with specialized problems, such as franchisers, landlords, licensees and licensors. For secured creditors, our experts evaluate your security documentation and, if there are any issues, we recommend ways to address and solve them.
PREFERENCES AND FRAUDULENT TRANSFERS
HWA has vast experience in handling matters involving both the prosecution and defense of preferences and fraudulent transfers under Chapter 5 of the Bankruptcy Code. There are limitations and defenses to these actions, and HWA successfully navigates these rules and exceptions on behalf of its clients.
PRE-BANKRUPTCY PLANNING AND RESTRUCTURING
HWA has represented countless creditors and debtors in pre-bankruptcy planning and restructuring negotiations involving sales, lending, and equity investments. From a thorough pre-bankruptcy analysis to a plan that is both fair and aggressive, HWA has the people and processes in place to identify, eliminate, and exploit issues before they arise.
LITIGATION AND ADVERSARY PROCEEDINGS
With the backing of HWA, our clients are prepared whenever an adversary wants to go to court. We often take on clients who have consulted with bankruptcy partners who are afraid to defend their clients’ position when circumstances demand confrontation and solutions.
If it becomes necessary to go to court, HWA bankruptcy litigators, with their depth of experience, stand ready to advise and represent clients in any adversarial proceeding or contested matter.