Bankruptcy and Creditors' Rights

The partners in our bankruptcy and creditors' rights practice area have represented secured and unsecured creditors, lessors, creditors' committees and bankruptcy trustees in bankruptcies, workouts, foreclosures and creditors' rights litigation for more than 25 years. No less than seven BHF attorneys have substantial experience in these areas. Our lawyers have counseled parties involved in corporate and partnership restructurings, receiverships, assignments for the benefit of creditors and dissolutions outside of bankruptcy. The firm also has assisted potential purchasers of assets from troubled companies both in and out of bankruptcy. Our attorneys also occasionally represent debtors when there is no conflict of interest with the firm's creditor clients. Our clients are drawn from a broad variety of industries, including business corporations, financial institutions, leasing companies, franchisee associations, quasi-public lenders and commercial landlords.

Lender Representation

We assist both secured and unsecured lenders in evaluating their options in dealing with troubled borrowers. We advance our clients' interests whether they choose to participate in workouts, debt restructuring, the sale of their positions or the pursuit of creditor remedies, including foreclosures, prejudgment attachments and/or other means of collection. Time is often of the essence in enforcing creditor remedies and our attorneys are experienced in moving quickly and efficiently in the state and federal courts to advance our clients' interests. We are experienced in obtaining the appointment of receivers, serving as receivers, and representing receivers where our secured creditor clients seek to control or liquidate collateral through receiverships. Our attorneys have also represented and served as trust mortgagees and assignees for the benefit of creditors.

Committee Representation

We are often called upon to represent groups of creditors in bankruptcy cases. We assist creditors' committees in evaluating purchase or restructuring offers for debtor companies, investigating insider dealings, analyzing liens of secured creditors, litigating a variety of claims, and negotiating with debtors on numerous bankruptcy issues. Our attorneys have represented creditors' committees for a variety of businesses including affiliated furniture stores, nursing homes, the holding company for a life insurance company in receivership, an engineering company, a mortgage company, a real estate developer with over $100 million in property, a cogeneration power plant and a computer retailer.

Trustee Representation

We have represented Chapter 11 or Chapter 7 trustees in numerous cases over the years. In that capacity our attorneys are involved in the valuation and sale of assets of individuals and companies in a wide variety of industries. In each such case, our attorneys serve as the trustee's court-authorized counsel and represent the trustee in connection with all aspects of the reorganization or liquidation process. In that capacity we have investigated and litigated numerous claims involving liens of secured creditors, director and officer liability issues, insurance coverage and fraudulent transfer and preference actions.

Landlord Representation

We represent commercial landlords in all manner of tenant bankruptcies and defaults. We have enforced landlord rights in connection with the termination of leases before bankruptcy, assumption and assignment of leases in bankruptcy, rejection of leases, eviction of tenants and maximizing landlord recoveries from tenant bankruptcy estates.

Bankruptcy Litigation

Our bankruptcy lawyers are experienced in all phases of business reorganization and creditors' rights litigation and workouts. We have tried cases involving confirmation of plans of reorganization, fraudulent transfers and other avoidance actions, relief from the automatic stay, use of cash collateral, and denial of discharge and dischargeability of debt. Our attorneys have appeared in bankruptcy courts in all of the New England states as well as in New York, Delaware, Pennsylvania, Ohio, Florida, California, Colorado, West Virginia, Tennessee and Texas.

Representative Cases

Please contact any of our bankruptcy and creditors' rights partners at (617) 422-0200:

James Liston (jml@bostonbusinesslaw.com)
David Phalen (dcp@bostonbusinesslaw.com)
Frank McGinn (ffm@bostonbusinesslaw.com)