Guiding Stakeholders Through Financial Distress with Clarity and Precision
DarrowEverett’s Bankruptcy, Restructuring & Workouts Practice Group provides experienced, strategic counsel to a broad range of stakeholders in financially distressed situations. Our attorneys represent lenders, creditors, borrowers, court-appointed fiduciaries, landlords, tenants, and asset purchasers in both formal insolvency proceedings and out-of-court restructurings. With extensive experience in federal, state, and bankruptcy courts across the country, we deliver practical, efficient, and results-oriented solutions—leveraging the firm’s full-service platform to resolve complex commercial challenges with speed and precision.
Our team regularly serves as counsel in bankruptcy cases, receiverships, restructurings, foreclosures, and other insolvency-related matters across diverse industries, including real estate, construction, manufacturing, finance, healthcare, and hospitality. We are trusted to advise:
✓ Secured and unsecured creditors seeking to enforce rights and maximize recoveries ✓ Distressed businesses seeking to restructure, divest assets or wind-down operations ✓ Receivers and fiduciaries in court-appointed roles or private engagements ✓ Landlords and tenants navigating assumption or rejection of commercial leases ✓ Investors and purchasers of distressed debt and assets
Our Services
Our Bankruptcy, Restructuring & Workouts Practice Group provides counsel in the following areas:
Representation in Chapter 7, Chapter 11, and Chapter 13 bankruptcy proceedings: We guide creditors through liquidation and reorganization cases, ensuring compliance with court requirements and protecting client interests throughout the process.
Automatic stay relief, valuation disputes, preference and avoidance actions, and cram-down litigation: Our attorneys handle the full spectrum of contested bankruptcy matters, from negotiating stay relief to litigating complex valuation and recovery issues.
Assumption or rejection of executory contracts and leases: We advise creditors and landlords on the strategic and financial implications of assumption and rejection of critical business agreements.
Adversary proceedings: We prosecute and defend bankruptcy-related litigation, including fraudulent transfer claims, preference actions, and challenges to dischargeability.
Bankruptcy and receivership appeals: We represent clients in appeals of bankruptcy court and receivership rulings, preserving rights and pursuing favorable outcomes in higher courts.
Loan workouts, debt restructurings, and forbearance agreements: We help lenders and borrowers negotiate solutions that preserve business value and avoid costly litigation.
Uniform Commercial Code (UCC) Article 9 sales: Our team structures and executes secured party sales of collateral under Article 9, ensuring compliance and maximizing asset recovery.
Judicial and non-judicial foreclosures: We represent creditors and investors in enforcing security interests, while advising borrowers on defenses and alternatives to foreclosure.
Assignments for the Benefit of Creditors (ABCs): We counsel businesses and fiduciaries on using ABCs as a streamlined alternative to bankruptcy for liquidating assets and resolving liabilities.
Structured dispositions of distressed loan portfolios: We assist financial institutions and investors in structuring the purchase, sale, or resolution of distressed debt portfolios to mitigate risk and optimize returns.
Pre-bankruptcy planning and distressed asset acquisition: We advise clients on strategies to protect assets, structure transactions, and pursue opportunities involving distressed businesses prior to or outside of formal insolvency.
Our team understands the critical importance of swift, decisive action in distressed matters. We combine legal acumen with business sensibility to develop innovative, cost-conscious strategies that preserve value and mitigate risk.
Our ability to collaborate across practice areas—including Real Estate, Finance, Corporate, Tax, and Litigation—enables us to craft comprehensive solutions tailored to each client’s specific objectives. Whether the matter involves complex litigation, multi-party negotiations, or the acquisition of distressed assets, our attorneys provide the practical guidance and technical skill needed to navigate every stage of the process. Contact our Bankruptcy, Restructuring & Workouts Practice Group today so we can assist your business.
Thomas E. Carlotto is a Practice Leader for DarrowEverett’s Restructuring Practice Group. He focuses primarily on business disputes, commercial real estate, and public sector representation including complex commercial disputes, loan…
