Bankruptcy and Creditors' Remedies

Our attorneys have experience in all aspects of bankruptcy. With an active bankruptcy practice comes the responsibility of representing both the debtor and the creditor. In situations of bankruptcy, all parties have rights, and our job is to ensure that these rights are protected.

Creditors' Remedies

Our well-respected team represents entrepreneurs and businesses throughout the Midwest in shareholder derivative suits, partnership disputes, commercial landlord tenant litigation and real estate matters from "Quick Take" condemnation matters to partition suits. Our broad range of knowledge can provide insights into all business disputes.

Because of our extensive experience in protecting creditors, we have been entrusted with the claims of creditors in hundreds of cases. We have represented banks, finance companies, leasing companies and holders of all types of claims in bankruptcy matters. The following examples illustrate our experience in this area.

• We have represented banks and finance companies in negotiating and drafting financing orders in reorganization proceedings which have preserved the creditor's interests in the estate.
• We have brought adversary complaints in areas such as to determine the extent and priority of liens, to object to discharge and to object the dischargeability of debts.
• We have defended adversary suits to recover preferences and to set aside fraudulent conveyances.
• We successfully and quickly assert reclamation claims on behalf of vendors assuring their status as a priority administrative creditor.
• We often represent groups of similarly situated creditors in nationally recognized mega-cases such as K-Mart, LTV, Conseco Insurance and United Airlines.

Our skilled practitioners have worked with both common law and statutorily appointed receivers to liquidate businesses for the benefit of creditors.

Business Bankruptcy and Dissolution

In recent years, our bankruptcy and creditors' remedies attorneys have focused on the reorganizations of small to mid-size firms. Our both practical and scholarly approach has resulted in trailblazing areas of the law such as executory contracts, avoidance powers and sales of assets. A large majority of our reorganization cases have ended in confirmed plans. The confirmed plans have allowed our clients a fresh start that is unburdened by the debts of the past.

Our knowledge of the areas of Intellectual Property Law and Information Technology Law has made us uniquely qualified to represent troubled business debtors in those industries. Companies that prospered during the technology boom are now experiencing financial constraints. We are committed to helping these businesses survive economic downturns whenever possible.

Our attorneys have also guided clients through non-bankruptcy alternatives. We can suggest options that are designed to satisfy creditors or to protect the principals from liability.

Consumer Bankruptcies

Our bankruptcy and creditors' remedies attorneys have represented hundreds of individuals in liquidation as well as reorganization proceedings. We appreciate that people in financial trouble need compassion and understanding as well as real answers to their financial problems. Individual debtors get the benefit of a hands-on approach not always available in the area of consumer bankruptcies.

Debtors' Services

We represent individuals and businesses as they work through their financial affairs in Bankruptcy Court. As a former Chapter 7 Bankruptcy trustee, Group Chair Robert Benjamin has the knowledge and experience necessary to create an ideal plan to suit each individual case. Our firm understands the turmoil associated with filing for bankruptcy and works toward protecting you as a debtor from creditors. We derive both personal and professional satisfaction in guiding our clients through hard times towards financial stability.