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Bankruptcy and Restructuring

As no two bankruptcies are identical, Saul Ewing LLP attorneys customize representation to debtors, creditors and trustees in such areas as:

  • Chapter 11 bankruptcy proceedings
  • Out-of-court workouts
  • Loan restructurings
  • Corporate reorganizations
  • Section 363 bankruptcy sales
  • Chapter 7 liquidations
  • Directors & officers liability issues
  • General insolvency matters

Our commercial bankruptcy and restructuring attorneys counsel clients throughout the multiple phases of Chapter 11 and reorganization proceedings, from commencement to plan confirmation, handling matters ranging from straightforward Chapter 11's to complex restructurings.

Saul Ewing attorneys have achieved a high-level of respect in bankruptcy and district courts along the East Coast, including in Delaware courts and the U.S. Court of Appeals for the Third Circuit. Related bankruptcy litigation and insurance industry insolvencies are areas of significant practice depth.

Bankruptcy and restructuring clients

Saul Ewing's representation of Chapter 11 and restructuring clients includes:

  • Board members
  • Creditors, secured and unsecured
  • Creditors' committees
  • Debtors, debtors in possession
  • Equity committees
  • Landlords and other lessors
  • Plaintiffs and defendants in debtors' litigation claims
  • Purchasers and sellers of distressed assets
  • Shareholders
  • Trustees

Clients can expect personal attention and timely updates on key benchmarks from the earliest stage of their cases.

As part of our representation in debtors and creditors cases, we regularly negotiate and resolve contested plan-confirmation proceedings. We also manage executory contract disputes, claims objections, and adversary proceedings to avoid pre-petition transfers to creditors.

In this post-financial crisis era, Saul Ewing is advising an increasing number of directors and officers concerning fiduciary duties and in investigating potential claims arising from insolvencies.

Bankruptcy leadership and practice approach

Saul Ewing attorneys are leaders in local and national bankruptcy organizations, and provide commentary as authors and media experts on emerging bankruptcy law issues.

We serve as board members in the Turnaround Management Association (TMA), including as chairman of the Philadelphia Chapter of TMA and on the Board of Trustees for International TMA.

Our attorneys are affiliated with several Bar-Bench and trade associations including the Advisory Committee on the Local Rules of the United States Bankruptcy Court for the District of Maryland, the Eastern District of Pennsylvania Bankruptcy Conference, and Bankruptcy Task Force of the International Council of Shopping Centers.

Saul Ewing's reputation within bankruptcy networks reflects the diversity and depth of our experience and an efficient and strategic approach to case management. One notable resource at clients' disposal is the resident intelligence of a full-service firm. When affiliated issues arise, our bankruptcy team seamlessly collaborates with firm colleagues who are leading lawyers in such areas as litigation, securities, corporate, tax and insurance law.

Experience

Saul Ewing has been involved in notable bankruptcies in such industries as manufacturing, real estate, healthcare, insurance, retail, service, technology, telecommunications, franchising, hospitality and biotechnology. Some representative matters and experience include:

  • Provided debtor representation in OwensCorning, et al.
  • Counseled on insolvency in connection with:
    Ampace Corporation
    Boyer Candy Company
    CHAMA
    Charles Chips
    Collegeville Imagineering, Inc.
    Commonwealth Snack Corp.
    Congoleum Corporation
    Consolidated Stainless, Inc.
    E.spire Communications, Inc.
    Fedders Corporation
    Foxcroft Square
    Friedman's Express
    Global Tissue, Inc.
    Kellstrom Industries, Inc., et al
    LowerBucksHospital
    North Penn Transfer, Inc.
    Penn Specialty Chemical Corporation
    Pennsylvania Truck Lines, Inc.
  • Served as counsel to purchaser in acquisition of first mothballed auto manufacturing facility sold by Chrysler in its Chapter 11 proceeding in the Southern District of New York.
  • Represented the franchises in ANC Rental Corporation, et al.
  • Represented landlord, developer and retail (as buyer) interests in the national and regional bankruptcy cases of prominent retailers as well as retail debtor chains.
  • Served as counsel to creditors' committee in The Network Connections Inc.
  • Acted on behalf of debtor in WilliamH.Fehr, a Chapter 11 bankruptcy case arising from rights in a Colorado quarry and shortline railroad.
  • Represented a major Pennsylvania snack food manufacturer as debtor in Nibble with Gibbles, Inc.
  • Counseled a secured creditor in Blue Chip Automotive Products.
  • Represented the nation's largest surplus lines insurance company as creditor in Vicars Insurance Agency, Inc.
  • Represented Transportation Underwriters, Inc., E & S Facilities, Inc., and Bear Slide Golf Club, Inc., Indiana bankruptcy cases arising from broker defalcation.
  • Counseled in Equipment Insurance Managers, Inc., a bankruptcy arising from broker defalcation in Texas.

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