Business Reorganization

In the area of bankruptcy litigation, we have extensive experience in the following areas:

• Defending claim challenges, preferences, fraudulent transfers, equitable subordination, recharacterization, deepening insolvency claims and lender liability suits
• Counseling directors of troubled companies regarding their fiduciary duties
• Prosecuting and defending breach of fiduciary duty claims

Schulte serves as a strong and experienced advocate for secured and unsecured creditors, lenders in debtor-in-possession and reorganization plan financing, creditors’ committees, indenture trustees, and bondholders. No matter how complex the proceedings, we help you identify and adhere to the distinct regulations and timeframes that creditors are often subject to — protecting your rights as a creditor and maximizing the amount you recover.

We have extensive experience advising broker-dealers, hedge funds, investment banks, CLOs, and private equity funds on a wide range of U.S., European, and emerging-market debt and claims trading matters. We advise clients in structuring, preparing and negotiating deal-specific transaction documentation including: “big boy” letters, trade confirmations, distressed and par loan purchase and sale agreements, claim assignment agreements, debt and claim participation and sub-participation agreements, collateral annexes, netting letters, proceeds letters, confidentiality agreements, purchase agreements for the sale of private debt securities, and bid documentation in connection with debt auctions. We often play a central role in transactions with a trading component while working closely with the firm’s other practice groups.

Drawing on the combined experience of lawyers in our business reorganization, mergers and acquisitions, securities, and finance practices, Schulte is regularly involved in business reorganization plans for important debt restructurings. We represent lenders, issuers, bondholders, and other borrowers in financings and restructurings, including debtor-in-possession financing and exit financing in Chapter 11 cases, plus rescue financing in out-of-court restructurings.

Having participated on all sides of restructuring transactions, our attorneys bring a broad perspective to bear in advising clients in the following areas:

• Bankruptcy cases, whether liquidations or reorganizations, involving individuals, partnerships and corporations
• Debt and equity restructurings
• Foreclosures, deeds in lieu of foreclosure, and recovery of rents and other income
• Receiverships
• Recovery, repossession, and liquidation of inventory, accounts, stock, negotiable instruments, and other personal property through public or private sale

Schulte’s Business Reorganization lawyers work closely with members of our finance group, representing clients on:

• Structuring and negotiating secured and unsecured facilities, letters of credit, and other credit-related agreements
• Structuring, negotiating, and closing a merger, acquisition or divestiture transaction
• Structuring, negotiating, and soliciting exchange offers on behalf of entities or investors
• Refinancing existing securities or raising capital in privately placed transactions
• Structuring and negotiating new debt, equity, or hybrid instruments, including convertible securities, options, and warrants
• Structuring and negotiating management stock options and incentive plans
• Developing management incentive programs and advising on appropriate corporate governance systems in accordance with negotiated deals