Bankruptcy and Financial Restructuring

Overview

Arent Fox has an active and versatile national bankruptcy and financial restructuring practice. We believe that a broad, diverse and comprehensive bankruptcy and restructuring 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 restructurings, recapitalizations, and 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 such industries as health care, airline, life sciences, manufacturing, retail, telecommunications, e-commerce and Internet, energy, restaurant, hotel and hospitality, manufacturers of medical technology, drug, construction, real estate, and equipment leasing and financing.

In addition, we frequently represent acquirors of and investors in troubled, distressed and bankrupt companies. Moreover, we often represent debtors, and counsel boards of directors, management and shareholders.

Members of the bankruptcy and financial restructuring group are well-known in their field. Our lawyers are speakers and panelists at leading bankruptcy and distressed investing seminars and frequently publish articles on cutting-edge bankruptcy and restructuring topics and issues.

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 partners have nationally recognized practices representing creditors committees in bankruptcy proceedings throughout the country, and another has a nationally recognized practice representing indenture trustees. Five associates have clerked for bankruptcy judges.

Arent Fox’s bankruptcy and financial restructuring group has a track record of demonstrated success and achievement. The following illustrates the depth and breadth of the firm’s bankruptcy practice:

• Representation of numerous official committees of unsecured creditors, including Insilco Technologies Inc., Planet Hollywood International Inc., Auto Life, Impath Inc., Metiom Inc., Scient Inc., Airway Industries Inc., Earthshell Corporation, Tactica International Inc., TKO Sports Group USA Limited, Empire One Telecommunications Inc., Humanitees Inc., Cygnifi Derivatives Services, LLC, Cross Media Marketing Corporation, Lantis Eyewear Corporation, North Bay General Hospital, Kleinert’s Inc. and Applied Theory Corporation bankruptcy proceedings
• Representation of the official committee of unsecured creditors in the Riverside and Heritage Oaks Health Care bankruptcy proceedings
• Representation of an indenture trustee in the United Air Lines Inc., ATA Airlines, Plainwell Inc., Dana Corporation, Pliant Corporation, Maxxim Medical, Pac-West Telecomm, Inc., Vesta Insurance Group, Inc. and Lodgian Inc. bankruptcy proceedings
• 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 lender syndicate in nonjudicial debt restructuring
• Representation of equity in the M. Fabrikant and Sons, Inc. bankruptcy proceedings
• Representation of ad hoc committee of equity holders in Market XT Holdings
• 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 Infinia Inc. (as skilled nursing facilities) in a successful bankruptcy reorganization
• Representation of acquirer of a distressed manufacturing company
• Representation of Photocircuits, Inc. in out-of-court liquidation and wind down
• Representation of provider of debtor-in-possession financing to manufacturing companies and retail entities
• Representation of acquirer of a retail company
• Representation of leasing and finance companies in bankruptcy cases throughout the United States
• Representation of banks and finance companies in litigations dealing with collateral protection and foreclosure, asset allocation and contract disputes
• Representation of claims buyers and traders in bankruptcy proceedings and related litigation matters including Enron and Worldcom

Arent Fox’s broad experience across diverse industries, such as health care; life sciences; food and drug; labor and employment; intellectual property; construction; and media, sports and entertainment is often critical to our ability to provide distinctive service. As part of a full-service law firm, the bankruptcy and financial restructuring practice can efficiently and effectively draw on highly experienced and sophisticated practitioners in each of these areas.