Bankruptcy and Financial Restructuring
Chadbourne & Parke LLP’s bankruptcy and financial restructuring group has an impressive record of achieving successful outcomes for its clients in Chapter 11 cases and corporate restructurings both in the United States and abroad. We are active in all areas of business restructurings and insolvencies, in matters ranging from the largest multinational mega-cases to significant regional businesses. Our group was recently recognized as one of the leading firms in the bankruptcy/ restructuring area in Chambers USA – America’s Leading Lawyers for Business (2012), noting that the firm is “a highly respected player in the bankruptcy market, with a team that brings specific expertise in international and cross-border restructurings."
Our practice includes:
- Representation of ad hoc and official creditors’ committees in large and complex Chapter 11 cases and out-of-court restructurings. Major committee representations include Tribune Company, Spiegel, Inc./Eddie Bauer Inc., ACA Financial Guaranty, and Parmalat USA Corp.
- Representing U.S. and non-U.S. banks, investment banks, insurance companies, bondholders and other creditors in dealing with their exposures to financially troubled companies, including leading roles in the Xerium, TOUSA, Capmark, Chrysler, Lehman Brothers, Enron, Refco and Mirant Chapter 11 cases.
- Representation of leading financial institutions such as Citigroup, Credit Suisse and The Royal Bank of Scotland, as agents for lender groups, in large, often multinational, restructurings and Chapter 11 cases.
- A central role in the restructuring of the insurance monoline industry, including ACA Financial Guaranty, Ambac, MBIA, and BluePoint. Chambers USA (2011 ) noted that the firm is "praised as a major player in the monoline sector."
- Playing a leading role in many of the most significant cases brought under provisions of the Bankruptcy Code governing U.S. proceedings ancillary to foreign administration and liquidation cases. For example, we represented the receiver appointed in the Russian bankruptcy of Yukos Oil, and commenced a Chapter 15 in the United States on his behalf.
Our bankruptcy and financial restructuring lawyers have extensive experience in corporate finance, structured finance, leveraged lease transactions, mergers and acquisitions, and in litigation and appellate practice. Members of Chadbourne’s project finance, corporate finance, tax and litigation groups regularly join our restructuring teams so that we can draw effectively upon the combined resources of our lawyers located around the globe. Our clients have come to rely upon our resourcefulness and poise in the face of overwhelming complexity, and they often engage us for their most challenging matters. As noted in Chambers USA, our lawyers "do not believe in posturing, but rather strive to arrive at solutions."
Representative Experience
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Tribune Company Chapter 11 Case
Official Committee of Unsecured Creditors of Tribune Company
Representation of the Official Committee of Unsecured Creditors in the Chapter 11 case relating to the largest employee-owned media conglomerate in the U.S.
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Chapter 15 Ancillary Proceeding
Hellas Telecommunications (Luxembourg) II SA
Recognition under Chapter 15 of the Bankruptcy Code
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Solar Trust of America Chapter 11
NextEra Energy Resources, LLC
Representation of NextEra Energy Resources as initial chapter 11 DIP lender as well as the purchaser of development rights for the world's largest solar power project in a sale pursuant to section 363 of the Bankruptcy Code.
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Xerium Technologies, Inc. Chapter 11
Citigroup, as Agent
Representation of Citigroup as agent for the prepetition lender group and postpetition lender group in the prepackaged Chapter 11 of this global manufacturer of industrial textiles.
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Technical Olympic USA Inc. (TOUSA) Chapter 11
Citicorp North America, Inc. and Citigroup Global Markets Inc.
Representation of administrative agent in debtor-in-possession financing facility for national homebuilder.
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Chapter 15 Ancillary Proceeding
A.B.C. Learning Centres Limited
Recognition of Australian liquidation proceedings under Chapter 15 of the Bankruptcy Code.
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Out of Court Restructuring
Ad Hoc Committee of ACA Financial Guaranty Corp.
Representation of an ad hoc committee, comprised of the world's largest financial institutions, of counterparties of a major monoline insurance company that has required restructuring because of the sub-prime crisis.
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Capmark Financial Group Chapter 11
Citibank, as Agent
Representation of Citibank as agent for loan facilities totaling $4.5 billion in the Chapter 11 of this global financial services company.
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Chapter 15 Ancillary Proceeding
British American Insurance Company
Assist Judicial Managers in obtaining recognition under Chapter 15
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VeraSun Energy Corp. Chapter 11
WestLB, New York Branch
Representation of administrative agent for syndicate of secured lenders to a group of ethanol plants.
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Aegis Mortgage Corp. Chapter 11
Credit Suisse
Representation of Credit Suisse as master repurchase agreement counterparty and advance facility provider in this Chapter 11 case.
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Lehman Brothers Chapter 11
Numerous Financial Institutions and Hedge Funds
Representation of various financial institutions and hedge funds with substantial exposures in the Chapter 11 of this 158-year old global financial institution.
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[ more representative experience ]
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