Bankruptcy & Creditors' Rights

Recent amendments to the U.S. Bankruptcy Code have had major and far-reaching effects. As a result, creditors and others involved in financial disputes are increasingly seeking creative counsel to protect their rights, preserve their assets and improve their position.

Tackling even the largest and complex bankruptcy related challenges, our Bankruptcy and Creditors’ Rights attorneys represent secured and unsecured creditors, creditors’ committees, bankruptcy trustees and other parties affected by financial insolvency issues. We afford forceful and resourceful counsel regarding the varied issues that arise under the unique circumstances of each case. Drawing upon our bankruptcy lawyers’ broad experience, as well as the diverse expertise of colleagues throughout the firm, we provide our clients creative and practical solutions.

Bankruptcy Representation
We regularly represent banks, companies, credit unions, individuals, insurers and other financial institutions with regard to matters occurring before, and after, the commencement of a bankruptcy case. Our clients also include lessors and lessees of commercial properties, partnerships and others engaged in these situations.

Non-Litigation Matters
Hinshaw provides counsel in the preparation, prosecution and defense of proofs of claim and related matters. We also assist our clients with the analysis and evaluation of proposed plans of reorganization, the formation of creditors’ trusts, and with related issues. Where appropriate, we represent clients in opposition or support of such plans or formations. In addition, we assist in the evaluation and protection of loss carry forwards and other tax benefits that can be realized within the context of a bankruptcy case.

We have extensive experience addressing property and businesses acquisitions and dispositions through the bankruptcy courts. We also assist clients in performing cost/benefit analyses in such situations and in pursing these transactions to fruition.

Litigation Matters
Hinshaw has vast experience in defending against attempts by creditors committees, debtors and trustees to avoid transfers and transactions alleged to be fraudulent, inequitable or preferential. We defend attempts to disallow claims, revive obligations or force the disposition of property. Additionally, we represent clients in actions brought against officers and directors, licensed professionals and others named as defendants in actions brought before bankruptcy courts. We also appear regularly before these tribunals to obtain relief from the automatic stay in bankruptcy so that our clients can continue to pursue and protect their rights.

Workouts and Creditors’ Rights Representation
Our bankruptcy related experience provides us with a meaningful perspective into the non-bankruptcy areas of financial workouts and other creditors’ rights issues. We have represented borrowers, landlords, lenders, tenants and other parties-in-interest in assignments for the benefit of creditors, forcible entry and detainer cases, foreclosure actions, and private and public sales under the Uniform Commercial Code. We regularly represent borrowers, lenders, suppliers and additional interested third parties in negotiating alternatives to bankruptcy or other traditional, yet often less flexible, resolutions.

In addition to taking commercial litigation matters to judgment, we pursue the perfection and collection of those judgments. In doing so, we employ our bankruptcy expertise to maximize our client’s recovery and minimize the risk of loss due to the judgment debtor’s insolvency. We know well the myriad of bankruptcy issues that can impact the results we hope to achieve in negotiating or renegotiating agreements, contracts, leases, loans and settlements. We view bankruptcy as both a challenge and an opportunity for our clients to achieve their goals.

Administrative
Several of our Bankruptcy and Creditors’ Rights group attorneys have extensive experience as Chapter 7 Trustees, counsel for creditors’ committees, and as either assignees or counsel for assignees in assignments for the benefit of creditors. We work regularly with representatives of the Office of the United States Trustee, Standing Chapter 13 Trustees, and a variety of financial specialists dedicated to the area of insolvency and economic rehabilitation.

Significant Representations

• Representation of Chapter 7 Bankruptcy Trustee for restaurant bearing name of internationally recognized sports celebrity
• Representation of Creditors’ Committee in successful liquidation of international printing press manufacturing enterprise
• Representation of insurer in settlement of liability and termination of policies involving multi-product manufacturing conglomerate and environmental issues
• Representation of multiple defendants in national fraud and improper conveyance litigation brought by Chapter 7 Trustee against various financial institutions
• Representation of commercial lenders in assignment for the benefit of creditors of Chicago food purveyor
• Representation of Chapter 7 Bankruptcy Trustee in prosecution of claims of nondischargeability due to the Debtor's fraud
• Representation of petitioning creditors in successful involuntary bankruptcy and liquidation of investment advisory enterprises
• Representation of national real estate development/management firm in major retail bankruptcy reorganization