Bankruptcy and restructurings involve numerous parties, competing interests, and complex issues. We not only help you navigate through it all, but help deliver strong results.
Arent Fox has an active and versatile national Bankruptcy and Financial Restructuring practice. We believe that a broad, diverse, and comprehensive practice enhances and improves our ability to represent clients creatively and successfully in both transactional and litigation-oriented matters. Our resources and experience enable Arent Fox to be a leading presence and force in the bankruptcy world and restructuring business and to bring added value to the representation of our clients.
Arent Fox handles financial and corporate restructurings and recapitalizations, bankruptcy-related and strategic litigation as well as distressed asset and corporate acquisitions throughout the country.
Arent Fox represents creditors’ committees, indenture trustees, bondholders, secured creditors, lenders, and financing syndicates and providers of financing in bankruptcy proceedings in many industries, including health care, airline, life sciences, manufacturing, retail, telecommunications, metals, subprime lending, e-commerce and Internet, energy, restaurant, hotel and hospitality, medical technology, pharmaceuticals, construction, real estate, and bank and finance holding companies.
We frequently represent debtors in bankruptcy proceedings, acquirers of and investors in troubled, distressed, and bankrupt companies and providers of rescue, pool petition, and exit financing. We also often counsel boards of directors, management, and shareholders and commodities customers and counter parties.
Members of the Bankruptcy and Financial Restructuring practice are well-known in their field. Our lawyers are frequent speakers and panelists at leading bankruptcy and distressed investing seminars and conferences, and frequently publish articles on cutting-edge bankruptcy and restructuring topics and issues.
In 2012, the Bankruptcy and Financial Restructuring Group was named a recipient of the “Transaction of the Year: Mid-Sized Company” award by the Turnaround Management Association (TMA) for its role in representing the Official Committee of Unsecured Creditors in the Chapter 11 case filed by Contessa Premium Foods, Inc. The award recognized Contessa’s successful bankruptcy sale and the liquidation plan the team developed for the case, which resulted in 100% recoveries for all allowed general unsecured creditors.
Arent Fox is recognized as a preeminent leader and we are ranked in respected industry publications such as Chambers, US News & World Report, and The Deal's Bankruptcy Insider. Chambers ranked our Washington, DC Bankruptcy and Financial Restructuring Practice as one of top groups in the nation. The US News & World Report/Best Lawyers survey ranked us nationally in Tier one for bankruptcy litigation. We also received the following rankings from US News & World Report for our transactional bankruptcy & financial restructuring practice – nationally in tier three, in Washington, DC in tier one, and in Los Angeles in tier two. We also rank highly for bankruptcy-related mergers and acquisition (M&A) work. We won the M&A Advisor’s 2011 Turnaround Award for our work on behalf of The Walking Company. We helped this national footwear retail chain successfully emerge from bankruptcy. Arent Fox earned top honors in the “Chapter 11 Reorganization of the Year” (Lower Middle Market) awards category.
Two of our partners have significant experience dealing with the Pension Benefit Guaranty Corporation; are recognized as leading employment, employee benefits, and pension bankruptcy attorneys in the nation; and are the editors of ABI’s Pension Manual: A Practical Guide to Pension Issues Arising in Business Bankruptcy Cases.
Several Arent Fox partners have nationally recognized practices representing creditors’ committees in bankruptcy proceedings throughout the country, and three partners have a nationally recognized practice representing indenture trustees. Four of our partners and six of our associates have clerked for bankruptcy judges.
The following experience illustrates the depth and breadth of the firm’s bankruptcy and financial restructuring practice:
- Representation of numerous official committees of unsecured creditors, including Cengage Learning, Inc., Contessa Premium Foods, Inc., Accredited Home Lenders Holding, Co., Insilco Technologies Inc., Planet Hollywood International Inc., Rock and Republic Enterprises, Inc., Impath Inc., eToys Direct, LLC, Point Blank Solutions, Inc., Fortunoff, LLC, Metiom Inc., Scient Inc., Earthshell Corporation, Tactica International Inc., TKO Sports Group USA Limited, Empire One Telecommunications Inc., MCE Television, Inc., Building Materials Holding Corporation, Cygnifi Derivatives Services, LLC, Cross Media Marketing Corporation, Lantis Eyewear Corporation, Protective Products Inc., Kleinert’s Inc., and Peninsula Hospital Center in bankruptcy proceedings.
- Representation of an indenture trustee in the Dynegy Holdings LLC, Washington Mutual, Inc., TOUSA, Inc., Simmons Company, BankUnited Financial Corp., RH Donelley, Corp., Orleans Homebuilders, Inc., United Air Lines Inc., ATA Airlines, Plainwell Inc., Advanta Corp., Dana Corporation, Pliant Corporation, Silver State Bancorp, Maxxim Medical, Pac-West Telecomm, Inc., Vesta Insurance Group, Inc., and Lodgian Inc. bankruptcy proceedings.
- Representation of an indenture trustee in connection with sale transaction of BankAtlantic.
- Representation of significant dissident bondholders in Exide Technologies Inc. Chapter 11 bankruptcy proceedings.
- Representation of a federal agency in the Global Crossing and Cone Mills bankruptcy proceedings.
- Representation of acquirer of Globe Metallurgical Inc.
- Representation of acquirer of a distressed for-profit hospital.
- Representation of mutual funds and fund manager in Lehman Brothers bankruptcy proceeding.
- Representation of debtor in bankruptcy proceeding of The Walking Company.
- Representation of debtor in bankruptcy proceeding of The Siena Hotel Spa Casino.
- Representation of Infinia Inc. (as skilled nursing facilities) in a successful bankruptcy reorganization.
- Representation of debtors in numerous bankruptcy cases involving commercial, industrial, senior living and health care, residential and apartment projects, including many involving tax-exempt bond financing and nonprofit borrowers.
- Representation of acquirer of a distressed manufacturing company and retail company.
- Representation of commodities customers, counter parties and other parties in interest in the MF Global SIPA insolvency and bankruptcy proceedings.
- Representation of parties in Chapter 9 proceedings of Harrisburg, Pennsylvania and Central Falls, Rhode Island.
- Representation of the State of Maine Office of the Public Advocate in FairPoint Communications bankruptcy proceeding.
- Representation of claims buyers and traders in bankruptcy proceedings and related litigation matters including Enron and Worldcom.
Legal 500 2012
On the creditor side, Arent Fox LLP’s “first-class” restructuring team provides “excellent knowledge, an excellent response time and excellent advice.” David Dubrow specializes in municipal matters including the structuring of municipal bonds. Dubrow also acts to maximize recoveries for holders of defaulted bonds and represents creditors in municipal bankruptcy proceedings; he has represented parties in the Harrisburg, PA, and Central Falls, RI, Chapter 9 proceedings. The multidisciplinary restructuring team includes attorneys with expertise in healthcare issues, municipal finance and litigation. Clients include Wells Fargo Bank, Vanguard Funds and Ambac Assurance Corporation. Andrew Silfen heads the team.
Chambers USA 2012
THE FIRM: Arent Fox handles a wide range of bankruptcy and restructuring matters, undertaking related employee benefits, pensions and automotive and construction sector concerns. The group recently represented Dietze Construction Group in Chapter 11 proceedings.
SOURCES SAY: “They leave no stone unturned and are very honest and careful about what they say.”
KEY INDIVIDUALS: The Washington, DC bankruptcy team is headed by Mary Joanne Dowd. She has expertise in both creditor and debtor-side representations. She is praised for “giving sage advice” and for “proving invaluable in providing clients with experienced and professional advice.”