Our Insolvency Solutions and Creditor’s Rights Practice is focused on creating and executing viable legal solutions for businesses dealing with financial distress, including restructurings, workouts, bankruptcies, insolvencies and other financially distressed transactions and litigation matters. We help companies in financial crisis to explore and establish new opportunities. We help healthy companies in need of creative solutions to achieve specific goals or deal with the financial distress of customers, vendors, borrowers and other third parties.
THE DAVIS & GILBERT ADVANTAGE
Our Insolvency Solutions and Creditor’s Rights practice is dedicated to achieving the best possible outcome for secured creditors, unsecured creditors, asset purchasers, equity holders and borrowers whenever they have to address bankruptcy issues or financial distress. We employ a general counsel approach and draw on the multi-disciplined experience of our attorneys to effectively structure transactions, prosecute and defend litigation, manage troubled assets and minimize our clients’ liability.
OUR CLIENTS
We help companies of all sizes in a diverse range of fields, including marketing communications, financial services, mortgage loan origination and servicing, software development, healthcare and commercial real estate.
OUR PRACTICE
We are experienced in financings, workouts, liquidations, distressed sales and acquisitions, and management of distressed financial assets and relationships with financially distressed third parties. We prosecute and defend all types of actions in bankruptcy proceedings, including preferential transfer and other avoidance actions. We have developed a niche practice representing the interests of advertising agencies and other marketing companies in the area of media liability. Our status as a thought-leader in media liability is demonstrated by the leading advertising agencies that regularly seek our assistance, and by the press, which has sought the benefit of our opinions and experience regarding emerging trends in bankruptcy affecting the advertising community.
On behalf of our clients we have been actively and closely involved in many of the most notable business news events in recent times related to the economic downturn, including the automobile industry bankruptcies, the receivership of Washington Mutual Bank, the subprime mortgage fallout, the Ponzi scheme of Bernard L. Madoff Investment Securities and the federal government’s review of the practices of major banks in selling collateralized debt obligations and credit default swaps.
REPRESENTATIVE MATTERS ADDRESSED ON BEHALF OF OUR CLIENTS
- Recapitalizations and restructurings
- Secured financings, including asset-based loan transactions; debt for equity swaps
- Unsecured financings, including working capital lines of credit
- Inter-creditor and subordination arrangements
- Liquidations and wind-downs
- Determination of appropriate reorganization and liquidation strategies
- Non-judicial liquidations on behalf of debtors
- Settlements with creditors
- Representation of secured lenders, mortgage loan warehouse lenders, landlords, vendors and other creditors in Chapter 11 and Chapter 7 bankruptcy proceedings
- Defense of preference and fraudulent transfer actions
- Collection actions and enforcement of judgments
- Analysis of extent and priority of liens
- Purchase/sale of distressed assets
- Management of distressed financial assets
REPRESENTATIVE ISSUES ADDRESSED IN SPECIALIZED AREAS OF LAW INCLUDE:
Media Liability
- Sequential liability and agent/principal theories of liability
- Protective contractual provisions in contracts with advertisers, media buying companies, media aggregators and media vendors
- Enforcement by media and media buying companies where advertiser is insolvent
Fraudulent Transactions
- Fraudulent transfer liability under federal and state laws of indirect investor in global Ponzi scheme
- Impact of Chapter 15 bankruptcy of offshore investors and rights of competing trustees of transferor and transferee in connection with fraudulent transfers in global Ponzi scheme
Secondary Mortgage Market
- Enforcement rights of mortgage loan warehouse provider in bankruptcy under master repurchase agreement
- Repurchase claim liability of seller under mortgage loan purchase agreements and securitizations
- Servicer compliance with government programs designed to encourage mortgage loan modifications
- Priority of mortgage loan purchaser/investor versus repledgee of collateral when seller/pledgor of collateral is in bankruptcy
- Priority of mortgage loan warehouse lender versus purchaser/investor when seller is in bankruptcy
- Attorney General, SEC and other governmental investigations
- Use of trust holding structure to minimize risk of mortgage loan portfolio
- Use of joint marketing programs as an exit strategy for distressed loans
For additional information on Davis & Gilbert’s Insolvency Solutions & Creditor’s Rights Practice, please contact:
Joseph Cioffi
212.468.4875
jcioffi@dglaw.com
OUR PRACTICE
We are experienced in financings, workouts, liquidations, distressed sales and acquisitions, and management of distressed financial assets and relationships with financially distressed third parties. We prosecute and defend all types of actions in bankruptcy proceedings, including preferential transfer and other avoidance actions. We have developed a niche practice representing the interests of advertising agencies and other marketing companies in the area of media liability. Our status as a thought-leader in media liability is demonstrated by the leading advertising agencies that regularly seek our assistance, and by the press, which has sought the benefit of our opinions and experience regarding emerging trends in bankruptcy affecting the advertising community.
On behalf of our clients we have been actively and closely involved in many of the most notable business news events in recent times related to the economic downturn, including the automobile industry bankruptcies, the receivership of Washington Mutual Bank, the subprime mortgage fallout, the Ponzi scheme of Bernard L. Madoff Investment Securities and the federal government’s review of the practices of major banks in selling collateralized debt obligations and credit default swaps.
REPRESENTATIVE MATTERS ADDRESSED ON BEHALF OF OUR CLIENTS
- Recapitalizations and restructurings
- Secured financings, including asset-based loan transactions; debt for equity swaps
- Unsecured financings, including working capital lines of credit
- Inter-creditor and subordination arrangements
- Liquidations and wind-downs
- Determination of appropriate reorganization and liquidation strategies
- Non-judicial liquidations on behalf of debtors
- Settlements with creditors
- Representation of secured lenders, mortgage loan warehouse lenders, landlords, vendors and other creditors in Chapter 11 and Chapter 7 bankruptcy proceedings
- Defense of preference and fraudulent transfer actions
- Collection actions and enforcement of judgments
- Analysis of extent and priority of liens
- Purchase/sale of distressed assets
- Management of distressed financial assets
REPRESENTATIVE ISSUES ADDRESSED IN SPECIALIZED AREAS OF LAW INCLUDE:
Media Liability
- Sequential liability and agent/principal theories of liability
- Protective contractual provisions in contracts with advertisers, media buying companies, media aggregators and media vendors
- Enforcement by media and media buying companies where advertiser is insolvent
Fraudulent Transactions
- Fraudulent transfer liability under federal and state laws of indirect investor in global Ponzi scheme
- Impact of Chapter 15 bankruptcy of offshore investors and rights of competing trustees of transferor and transferee in connection with fraudulent transfers in global Ponzi scheme
Secondary Mortgage Market
- Enforcement rights of mortgage loan warehouse provider in bankruptcy under master repurchase agreement
- Repurchase claim liability of seller under mortgage loan purchase agreements and securitizations
- Servicer compliance with government programs designed to encourage mortgage loan modifications
- Priority of mortgage loan purchaser/investor versus repledgee of collateral when seller/pledgor of collateral is in bankruptcy
- Priority of mortgage loan warehouse lender versus purchaser/investor when seller is in bankruptcy
- Attorney General, SEC and other governmental investigations
- Use of trust holding structure to minimize risk of mortgage loan portfolio
- Use of joint marketing programs as an exit strategy for distressed loans
CONTACT US
For additional information on Davis & Gilbert’s Insolvency Solutions & Creditor’s Rights Practice, please contact:
Joseph Cioffi
212.468.4875
jcioffi@dglaw.com
