News

Finn Dixon & Herling adds Bankruptcy and Corporate Reorganizations as New Practice Area

June 1, 2008

STAMFORD, CT – Finn Dixon & Herling LLP, a law firm with extensive experience providing corporate, transactional, securities, investment management and litigation counsel, announced that with Hank Baer joining the firm as a partner it has added Bankruptcy and Corporate Reorganizations as a new practice area.

We now counsel regarding all aspects of corporate bankruptcy and business 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. We have extensive experience representing, among others:

  • Debtors
  • Official and ad hoc committees
  • Indenture trustees
  • Secured and unsecured lenders
  • DIP lenders
  • Agents for syndicated loans
  • Other creditors
  • Equity holders
  • Professionals

Our lawyers have extensive experience in pre-packaged, pre-negotiated, and “free fall” bankruptcy scenarios, and in the protection of unique interests in complex workouts.

Our team is able to provide a full range of assistance, including:

  • Negotiating and consummating financing (including debtor in possession and exit financing)
  • Workouts of pre-petition secured and unsecured loans
  • The acquisition of assets and businesses in and out of bankruptcy, including during formal sale proceedings under Section 363 of the bankruptcy code and in consensual non-bankruptcy sales
  • Negotiation and implementation of global solutions for re-capitalizing over-leveraged companies
  • Fraudulent conveyance, preference, fiduciary duty, and other insolvency related litigation
  • Advice and guidance for directors, officers, and equity participants of an insolvent company

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 of the situation.

Our professionals have extensive experience with bankruptcy representations in the automotive, power, textile, retail food, movable medical equipment manufacturing, coal, digital technologies and real estate sectors. Examples of the experience of members of our team include:

DEBTOR REPRESENTATIONS:

Textile producer – Southeastern U.S.: Counsel for one of the largest textile producers in the United States. Debtor successfully confirmed a plan of reorganization in the Southern District of New York, and successfully consummated a sale of substantially all of its assets under section 363 of the Bankruptcy Code in the Northern District of Georgia.

Power Plant – Southeastern U.S.: Counsel for debtor in a sale of a combined cycle, natural gas fired electric power plant under Section 363 of the Bankruptcy Code in the Western District of North Carolina.

COMMITTEE AND INDIVIDUAL CONSTITUENT REPRESENTATIONS:

Large manufacturer: Counsel for the official committee of unsecured creditors in the largest manufacturing case in the history of the United States, still pending before the Southern District of New York.

Battery manufacturer: Counsel for indenture trustee for $300 million of senior subordinated notes. The indenture trustee was a member of the official committee of unsecured creditors in those cases, and was part of the team that successfully opposed the non-consensual confirmation of a plan in the District of Delaware.

Manufacturer of equipment for power industry: Counsel for a financial institution in the successful defense of several actions against it, and in the on-going pursuit of a multi-million dollar claim against the estate, in the Bankruptcy Court for the District of Massachusetts.

Auto parts manufacturer.: Counsel for agent for $300 million syndicated senior secured facility. Successfully defended a non-consensual priming DIP facility and a multi-million dollar preference action to avoid critical security interests in the Bankruptcy Court for the District of Delaware.