Overview
Vinson & Elkins' Restructuring and Reorganization lawyers are engaged in matters on behalf of debtors, lender groups, ad hoc creditor committees, official creditor committees, secured and unsecured creditors and trustees. We have experienced practitioners adept at all phases of the restructuring and reorganization process, whether pre-bankruptcy filing or post-bankruptcy filing. Our experience includes out-of-court workouts, restructures and forbearance; out-of-court windowns and liquidations; exchange offers; prepackaged plans; pre-negotiated plans; complex Chapter 11 cases; Chapter 7 cases; cross-border bankruptcy cases; and bankruptcy cases ancillary to foreign proceedings. In addition to our broad bankruptcy case experience, we have developed particular expertise in the transactional and litigation aspects of bankruptcy cases. We have a great deal of experience in debtor-in-possession financing, asset acquisitions and dispositions, exit financing, avoidance actions, and the removal process related to complex state court litigation. While V&E's Restructuring and Reorganization practice is primarily commercial, we have also handled numerous significant individual cases.
Restructuring and Reorganization Practice Summary- Workouts, restructures, exchange offers, prepackaged plans, pre-negotiated plans, and traditional Chapter 11 bankruptcies on behalf of debtors, lender groups and lender group agents, ad hoc bondholder committees, official creditors' committees, Chapter 11 trustees, and equity sponsors
- Litigation of all types arising out of or related to insolvency matters
- Banking, corporate, securities, labor, tax, real estate, energy, structured finance, ERISA, environmental and other expertise to support, document and close transactions arising in the restructure area.
Restructuring and Reorganization Practice Experience- Our Restructuring and Reorganization lawyers are some the most experienced in the country, and our Restructuring and Reorganization team is one of the largest in the country.
- Over the past 25 years our Restructuring and Reorganization attorneys have built and managed a successful workout, restructuring and reorganization practice that spans numerous other practice areas of our firm including financial institutions, corporate, securities, real estate, litigation, energy, labor, and tax practice areas.
National Experience
Our Restructuring and Reorganization lawyers have significant experience in the bankruptcy courts throughout the United States, including New York, Delaware, Texas, Louisiana, Arizona, Florida, Missouri, Kentucky, Tennessee, Ohio, Oregon, Pennsylvania, and Washington. We actively practice at all trial and appellate levels. During the past two decades, the firm's lawyers have also been involved in most of the major bankruptcies filed in Texas.
V&E's Restructuring and Reorganization practice involves the representation of all key restructuring and reorganization constituencies and encompasses:
- Complex loan workouts in both bankruptcy and non-bankruptcy settings
- Exchange offers and prepackaged Chapter 11 plans of reorganization
- Pre-negotiated Chapter 11 plans of reorganization
- Representation of lender groups, secured creditors and creditors' committees in Chapter 11 bankruptcy cases
- Representation of trustees in Chapter 11 and Chapter 7 bankruptcy cases
- All phases of bankruptcy and lender liability litigation
- All phases of foreclosure and major collection work
- Documentation and administration of complex and multi-bank credit facilities in restructuring and reorganizations
Restructuring and Reorganization Expertise: Representative Client Industries
Accounting, Aerospace, Agriculture, Animal Production, Chemical, Conglomerate, Construction, Defense, Distribution, Energy Distribution, Energy E&P, Energy Refining, Energy Services, Entertainment, Financial Services, Forestry and Logging, Government, Healthcare, Infrastructure, Insurance, Legal, Manufacturing, Maritime, Media, Mining, Petrochemical, Power Plant, Real Estate, Regulatory, Religious/ Charitable, Retail (Consumer Goods), Retail (Restaurant), Retail (Theatre), Services, Sports, Technology (Hardware), Technology (Network), Technology (Software), Technology (Telecommunications), Trade (Export/Import), Transportation (Air), Transportation (Auto Leasing), Transportation (Rail), Transportation (Ship), Transportation (Trucking), Utilities, Warehousing, Water, Wholesale Trade
Workout and Out-Of-Court Restructuring Services
Renegotiation of financing transactions including acquisition loans, asset-based loans, Employee Stock Option Plans (ESOPs), leases, mortgages, settlement of debtor-creditor disputes, and exchange offers
Preventative Services
Insolvency planning, creditor negotiations and consensus building, liability reduction, workouts and compositions, sale of unproductive assets and businesses, post-bankruptcy emergence strategies
Business Restructuring and Reorganization Issues- Debt and financial analysis
- Litigation and consensual matters, including:
- Abstention
- Abandonment of property
- Alternative Dispute Resolution
- Appeals of bankruptcy proceedings
- Automatic stay
- Cash collateral and adequate protection
- Confirmation of plans of reorganization
- Creditor claims
- Debtor-in-possession financing
- Discharge and dischargeability
- Disclosure statement
- Fraudulent transfers
- Involuntary petitions
- Lien priority
- Liquidation proceedings
- Liquidation trusts and disbursing agents
- Petitions ancillary to foreign proceedings
- Post-reorganization matters
- Preferential transfers
- Relief from automatic stay
- Removal
- Turnover actions
- Reorganization plans