Bankruptcy & Restructuring

The attorneys in the bankruptcy and restructuring practice of Miller, Egan, Molter & Nelson LLP are experts in navigating through the difficulties and complexities raised by financially troubled, insolvent, and bankrupt companies. Our partners have been on the front lines some of the most notable and sophisticated major business bankruptcies of the past ten years. This deep breadth of expertise provides our clients with the highest level of efficient and effective representation.

We have counseled management of financially troubled public and private companies on strategic alternatives for recapitalization and their corporate duties. We have helped companies restructure outside of court – saving millions of dollars in administrative costs. We are experienced in developing and executing comprehensive bankruptcy strategies, including pre-packaged chapter 11 proceedings. With the firm’s considerable contacts in the private equity, hedge fund, and asset-based lending communities, we have successfully assisted clients in placing capital infusions into distressed companies, as well as debtor-in-possession and exit financing.

We represent buyers of distressed assets in all industries, including media, retail, professional services, technology, real estate, oil & gas, and health services. We counsel creditors on how to achieve maximum return from a financially troubled or insolvent company, including counseling on the claims process, plan confirmation, and contract rejection and assumption actions against the corporate debtor.

Our bankruptcy litigation experience includes significant representations of corporate debtors, trustees, secured creditors, unsecured creditors, partners, shareholders, and former insiders. On behalf of corporate debtors, bankruptcy trustees, and unsecured creditor committees, our partners have prosecuted hundreds of fraudulent transfer and preference actions seeking the recovery of hundreds of millions of dollars for the benefit of the creditors of bankrupt estates. We have also aggressively and successfully defended lenders and trade creditors against fraudulent transfer and preference actions. We have used litigation to unwind complex derivative contracts involving multiple counter-parties, represented defrauded investors in Ponzi schemes, and prosecuted and defended complex fiduciary litigation involving former shareholders, directors, and officers.

Our bankruptcy practice is national and international in scope. We have practiced in bankruptcy courts throughout Texas, New York, Delaware, California, Louisiana, Florida, Illinois, Tennessee, and Virginia. Our attorneys have represented clients in administration proceedings in the U.K. and parallel insolvency proceedings in Europe.

We offer our clients representation and counseling in all areas of restructuring and bankruptcy law, including the following:

  • lift stay motions
  • reclamation
  • debtor-in-possession financing
  • asset sales
  • plan negotiation, voting, and confirmation
  • fund formation
  • investment
  • leasing and management
  • sale-leaseback
  • securitization workouts, restructurings, distressed assets and special situation transactions
  • claim objection proceedings
  • preference and fraudulent transfer litigation
  • fiduciary litigation
  • lender liability
  • creditors’ committee representation
  • creditor’s rights
  • receiverships
  • insolvency analysis
  • debt restructurings and workouts
  • director and officer duties and responsibilities
  • exit financing