Business & Financial Restructuring

When your business is overleveraged or has cash-flow issues, and existing lending relationships are not allowing the necessary breathing room to continue operating, our lawyers have the experience and know-how to assist you in exploring and implementing restructuring options. We may assist in negotiating a modification of an existing obligation without resorting to formal reorganization proceedings. Our lawyers may assist in preparing restructuring proposals to creditors; evaluating proposals made by lenders; reviewing guaranties, security agreements, deeds of trust, and other contracts related to the loan and security issues. In addition, we may be able to assist in locating new sources of funds in the lending community potentially interested in participating in a restructuring.

Our clients in restructuring matters have spanned several industries and business types.  We have worked with equity investment firms, turnaround professionals, family business owners, company management, and sole owners in the industries and areas of real estate development, real estate management, shopping centers, multi-family housing, unfinished development projects, hotels and lodging, restaurants, retail chains or single unit stores, providers of professional services, retail services, medical practice and hospital groups, automobile dealerships, sub-contractors and general contractors, title and insurance agencies, non-profit agencies, art galleries, educational facilities, farm and agricultural businesses, and franchise operations.

Responsive, Creative, and Ready:

Our attorneys have deep and expansive experience in the restructuring arena, and will be ready to engage in the process with you. We will provide counsel, ideas, advice and guidance through what can be the most important time in your busines’s history.

Selected Recent Representations:

• Wind-Down of Cotton Farm.
  We represented a family farm in the orderly liquidation of its assets to pay off secured and unsecured creditors of its cotton farming operation. The financial situation of the company came to light upon the passing of the managing member of the LLC and immediate action was necessary to work with creditors to resolve a pending trustee’s sale, state court litigation, and UCC sales. With our guidance, the company was able to liquidate in a manner that maximized its assets to pay creditors which in turn benefited the other members of the LLC through negotiated releases limiting their potential exposure on personal guaranties.

• Single Tenant Building Facing Vacancy and Loan Acceleration.
  Our client engaged us as it faced the predicament of owning a multi-building commercial project that had been occupied by a single tenant that filed bankruptcy, rejected the lease and moved out of the premises. The Lender used the vacancy as grounds for default and threatened to fully accelerate the indebtedness unless the owners made an immediate and substantial principal reduction. Our representation succeeded in opening a new channel of communication and ultimately resulted in a multi-year forbearance agreement within which our client had the time to attempt to re-let or sell the premises with a restructured payment obligation.