Finn Dixon & Herling LLP

Bankruptcy & Corporate Reorganizations

By virtue of a fully integrated, cross-disciplinary approach to any representation, we are able to offer advice and guidance in both out-of-court and in-court workouts. Our approach to an engagement is flexible and creative, and may involve not only our bankruptcy practitioners, but also lawyers from our litigation, debt financing, M&A, employee benefits and tax teams, depending upon the circumstances. We have extensive experience representing, among others:

  • Equity participants and their portfolio companies in the negotiation and implementation of global solutions for recapitalizing over-leveraged companies
  • Buyers and sellers of equity and/or assets of distressed companies, including but not limited to transactions under section 363 of the Bankruptcy Code
  • Secured and unsecured lenders, including indenture trustees and agents, in the workout of non-performing loans
  • Lenders in the negotiation and consummation of DIP and exit financing
  • Defendants in fraudulent conveyance, preference, fiduciary duty, and other insolvency related litigation
  • Directors, officers, and equity participants of an insolvent company

Our professionals have extensive experience with bankruptcy representations in the automotive, power, textile, retail food, movable medical equipment manufacturing, coal and digital technologies sectors, among others. 

Representative matters for our professionals include the following:

  • Counsel for the buyer in a $165 million strategic acquisition pursuant to section 363 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware
  • Counsel for a Fortune 25 company in connection with its participation in a two-tranche, $50 million DIP facility in the Bankruptcy Court for the District of Delaware
  • Counsel for a private equity firm in connection with the out-of-court deleveraging of its portfolio company balance sheet
  • Counsel for the largest creditor in a bankruptcy case in the District of Delaware, in its individual capacity and as the chairman of the official committee of unsecured creditors
  • Counsel for a large financial institution in the successful defense of several actions against it in the District Court for the District of Massachusetts and in the Bankruptcy Court for the District of Massachusetts, and in the successful prosecution of a multi-million dollar claim against the estate
  • Counsel for the agent for a $300 million syndicated senior secured facility, including in the successful defense of a proposed non-consensual priming DIP facility and a multi-million dollar preference action seeking to avoid a substantial portion of the agent's security package