Bankruptcy & Insolvency
Bankruptcy and Workouts
SFM attorneys have represented a variety of clients in bankruptcy proceedings and pre-bankruptcy workouts, including, among others, debtors, trustees, unsecured creditors' committees, bank groups, secured creditors, lessors, individual financial institutions, indenture trustees, and purchasers of assets. We have experience in all phases of the bankruptcy process, including debtor-in-possession financing, cash collateral and adequate protection disputes, automatic stay litigation, contested asset sales, claims objections, avoidance actions, contested plan confirmation hearings, and various post-confirmation matters. We also have experience in representing clients in transactional matters arising in financially distressed situations, including the acquisition of distressed assets and the negotiation of business solutions to avoid bankruptcy.
Our deep knowledge of the bankruptcy process allows us to provide clients with sound strategic advice and options and a good understanding of the tradeoffs of each option. Although our bankruptcy experience covers a broad range of industries, the firm’s expertise in oil and gas law makes it especially well-suited to represent clients involved in oil and gas related insolvencies.
Bankruptcy-Related Litigation
SFM attorneys have prosecuted and defended a broad range of insolvency-related claims, including matters involving director and officer liability, professional liability, fraudulent transfer and preference litigation, lender liability, equitable subordination, and challenges to liens.
On the plaintiff's side, our experience helps us to direct trustees or other estate representatives to cases where there are good chances of substantial recoveries. When investigating or prosecuting claims on behalf of estate representatives, we will consider undertaking engagements based on alternative fee structures, including full contingency or partial contingency fee engagements.
On the defense side, we assist clients in minimizing the risk that they will be sued, and attempt to negotiate favorable resolutions of potential claims using our knowledge of the bankruptcy process. Further, our extensive litigation experience, lean staffing, and affordable fee structure help us to defend successfully and cost-effectively any actions that are brought against our clients.
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