Lowey Dannenberg Cohen & Hart’s bankruptcy and restructuring group provides a diverse client base, a wide range of creative and practical solutions to financial problems. The Firm pragmatically and cost effectively assists clients to achieve their objectives. We have successfully represented secured and unsecured creditors, institutional investors, and equity holders and financially distressed clients in restructurings, reorganizations and liquidations.

Our bankruptcy group utilizes our lawyers’ business experience, particularly in the areas of financial services, healthcare, insurance, government, real estate, and anti-trust law to our clients’ advantage. We recognize that every client relationship must be highly customized and supported by a knowledgeable team of skilled practitioners. The attorneys at Lowey Dannenberg have extensive experience including loan restructuring; litigation; asset recovery; foreclosure; and acquisition of assets. We serve clients in all areas of Chapter 7, Chapter 13, and Chapter 11 cases, including financing, litigation, preservation of assets, assisting and defending avoidance actions, 363 sales, claims litigation and post-confirmation matters.

Our expertise includes:

  • Representation of substantial public works contractors in Chapter 11 reorganizations.

  • Representation of debtors in sale of their assets through the sales process of Section 363 of the Bankruptcy Code. These debtors have included businesses engaged in manufacturing, retail sales, real estate management, distribution, transportation and consulting.

  • Representation of major investors in companies that are the subject of Chapter 11 proceedings.

  • Counseling counter-parties to Credit Default Swap Agreements to minimize risk exposure in the event of default to protect collateral, and regarding their litigation options.

  • Counseling purchasers of debtors’ assets free and clear of all claims and encumbrances.

  • Representation of major manufacturers and distributors in voluntary liquidation under Chapter 11 of the Bankruptcy Code.

  • Representation of numerous professionals, including doctors, lawyers, real estate developers and accountants with respect to their business reverses.

  • Representation of landlords in retail and commercial bankruptcies in a wide range of bankruptcy matters, including the automatic stay, cure and assumption and assignment.

  • Commencing lawsuits against management of financially distressed companies for, among other things, breach of fiduciary duty, fraud, conversion and mismanagement.

  • Defending debtors and their principals against allegations of fraud and breach of fiduciary duty.

In addition, Lowey Dannenberg’s extensive experience in the class action field has permitted our lawyers to represent clients in complex bankruptcy matters incidental to class action litigation.