Bankruptcy and Creditors' Rights

Working with Holland & Knight’s Restructuring, Creditors’ Rights and Insolvency Practice Group means having one of the most active insolvency practices in the United States on your side – as well as one of the few major practices with a 360-degree view of bankruptcy transactions. We counsel both debtors and creditors, and are committed to finding creative solutions to bankruptcy issues through negotiation, litigation or a transactional approach.

Leading Lawyers On Your Side

Our team includes some of the country's leading practitioners, a number of whom have been recognized as among the top business lawyers in the country by leading industry publications such as Chambers USA (2007), Best Lawyers in America (2007) and Super Lawyers (2007). In addition, Holland & Knight is listed as the #1 bankruptcy law firm in the U.S. by The Deal in 2005 and 2006.

Across-the-Board Representation

Our bankruptcy attorneys represent debtors, creditors' committees, bondholder committees, financial institutions, secured creditors, indenture trustees, bankruptcy trustees, asset acquirers, claims traders, and companies doing business with distressed companies, both in and out of court, in a variety of industries.

In addition, our lawyers have acted as trustees, examiners and receivers, and have published extensively on such varied topics as Bankruptcy Code safe harbors for securities transactions, derivatives in Chapter 11 cases, fraudulent conveyance law, prepackaged bankruptcies, lending practices, fiduciary duties in bankruptcy, financial management and more.

We have broad market sector knowledge in the finance, communications, real estate, aviation and maritime, travel, health care and manufacturing sectors. We also help evaluate and structure transactions to avoid the pitfalls of a subsequent insolvency.

Comprehensive Counsel for Favorable Recoveries

Because of our wide spectrum of clients, we are experienced in all aspects of bankruptcy practice:

• representing debtors in and out of court
• formulating and obtaining confirmation of plans of reorganization, liquidation plans and prepackaged plans
• representing creditor and bondholder committees, individual, secured and unsecured creditors
• cram-down litigation
• litigation involving unexpired leases and executory contracts
• litigating avoidance actions
• debtor-in-possession financing
• valuation proceedings
• post-petition financing
• acquisitions of stock and assets
• asset sales and going-out-of-business sales
• automatic stay litigation
• bankruptcy appeals

In addition, we have significant experience representing businesses involved in transactions, and in advising directors, officers and shareholders of insolvent corporations. We are equally at home accomplishing a client’s goals through negotiation, litigation, or a transactional approach. All of our lawyers are skilled in both the transactional and litigation aspects of bankruptcy.

Guidance on International Insolvency Matters

Our group enjoys a breadth of experience in foreign bankruptcy proceedings in Canada, Europe, Asia, South America and the Caribbean Islands. This international exposure has led to a proficiency in bankruptcy proceedings filed in the United States, both in and ancillary to foreign proceedings.

Experienced and Responsive Guidance

Outstanding client service is the bedrock of our bankruptcy practice. We take pride in our attorneys' depth and breadth of understanding the ins-and-outs of bankruptcy law. We offer in-house law department counseling to corporations to guide them through bankruptcy proceedings, and guide directors and officers in insolvency matters. Our bankruptcy attorneys work to structure out-of-court solutions to our clients’ problems. Holland & Knight has a "one-firm" focus and we work with attorneys in our corporate, intellectual property, real estate and employment practices to resolve issues before they arise.