We counsel our clients in all aspects of insolvency and reorganization law. We regularly represent debtors, official and ad hoc creditors’ committees; debtor-in-possession and exit lenders; secured and unsecured creditors; purchasers and sellers of distressed debt and/or assets; and private equity sponsors and portfolio companies, in domestic and international out-of-court workouts and bankruptcy cases.  In doing so, our goal is always to provide practical and economical solutions to our clients to preserve or maximize value.

Our clients span a wide range of industries, including technology, energy, utilities, retail, licensors and licensees of intellectual property, healthcare, food and beverage, financial services, manufacturing, life sciences, telecommunications, real estate investment and development, and advertising and media.  Our vast experience in these and other industries lets us quickly and efficiently understand our client’s most difficult problems and devise business-oriented solutions.  We are able to bring our talents and resources to clients large and small to navigate the largest and most complex cases or smaller and more cost-sensitive projects.  At RCCB, no matter the size and complexity of the matter, we always align ourselves with our clients to develop, implement and accomplish their needs and goals.  Whether in the board room or the courtroom, RCCB effectively and efficiently protects its clients’ interests in even the most challenging restructuring matters.    


Areas of Focus:

COMPANY SIDE

RCCB attorneys regularly work with companies in out-of-court restructurings and Chapter 11 cases.  We represent:

  • Public and private companies
  • Private equity portfolio companies
  • Private equity sponsors
  • Boards of directors 

CREDITOR REPRESENTATIONS

RCCB attorneys represent the following in out-of-court restructurings and Chapter 11 cases:

  • Official Committees of Creditors
  • Ad hoc Creditors’ Committees
  • Individual creditors 
  • Secured and unsecured creditors

LENDING

RCCB attorneys regularly represent lenders and borrowers in various financing transactions.  We represent:

  • Commercial and money center banks
  • Asset-backed lenders and borrowers
  • Hedge funds
  • DIP and exit finance lenders in connection with Chapter 11 debtors
  • Corporate bond issuers
  • Real estate lenders and borrowers
  • Private equity funds in connection with acquisition financing
  • Originators and purchasers of securitized assets
  • Distressed companies in need of “rescue financing”

DISTRESSED DEBT

RCCB attorneys regularly counsel hedge funds and other purchasers of distressed debt such as loan participations and bonds.  Our services include:

  • Advising the debt purchaser before the purchase on the borrower’s capital structure, financial condition and relevant agreements to counsel on issues that are likely to arise in an eventual workout or bankruptcy and determine what is likely to be the “fulcrum” security.  
  • Representing the client post-purchase in negotiating out of court or in-court restructurings to ensure that the client’s interests are protected and value maximized.  

FIDUCIARY REPRESENTATIONS

RCCB attorneys have extensive experience in fiduciary representations, regularly counseling or serving as:

  • Receivers
  • Chapter 11 trustees
  • Trustees under the Securities Investor Protection Act
  • Other fiduciaries in restructurings and other court proceedings  

ALTERNATIVE DISPUTE RESOLUTION

Bankruptcy Courts are increasingly mandating alternative dispute resolution in restructuring cases, and RCCB is well versed in all aspects of ADR. 

  • We regularly serve as impartial mediators assisting parties embroiled in complex litigation to resolve their differences more efficiently and economically at the mediation table instead of the courtroom. 
  • RCCB attorneys serve on the mediation panels in the Southern and Eastern Districts of New York and the District of Delaware. 
  • Given our experience in serving as mediators, we also regularly serve as counsel to parties in mediations. 

INSOLVENCY LITIGATION

RCCB attorneys represent directors, shareholders, creditors and others in bankruptcy litigation throughout the United States. 

  • Preferences
  • Fraudulent transfers
  • Breaches of fiduciary duty
  • LBO liability
  • Other insolvency-related claims