Financial Institution Engagements
Meyer Suozzi’s bankruptcy attorneys regularly represent banks, mortgage lenders, insurance companies, mutual funds, indenture trustees, finance companies, factors and equipment lessors in all aspects of out-of-court workouts, restructurings, reorganizations, liquidations and chapter 7, chapter 11 and chapter 15 bankruptcies. Our extensive experience includes debtor-in-possession and exit financing and all bankruptcy-related litigation (including collection and lender liability litigation).
Meyer Suozzi’s guiding philosophy is prevention by early intervention. We help clients identify warning signs of their potential financial difficulties and develop a plan to address them. Very often, an out-of-court solution is appropriate, such as restructuring the debt held by your lender or your largest vendors. When a chapter 11 filing is necessary, our team will lead your business through the chapter 11 process. In either scenario, Meyer Suozzi will provide you with results-oriented, cost-effective and practical advice as well as personal attention.
Committee Chair/Member Engagements
Meyer Suozzi’s bankruptcy attorneys have represented scores of creditors’ committee chairs and committee members in chapter 11 cases in the Southern and Eastern Districts of New York and in the District of Delaware. Our representations have included large and publically traded companies, as well as many small closely-held businesses. We help our clients maneuver through the committee member selection process, counsel clients on their fiduciary duties while serving on the committee, participate in committee meetings or on committee calls together with or in place of clients, and help negotiate the debtor’s restructuring and emergence from chapter 11 on terms most favorable to the creditors.
Creditors’ Committee Engagements
Meyer Suozzi’s bankruptcy attorneys represent official committees of unsecured creditors in chapter 11 cases in the Southern and Eastern Districts of New York and in the District of Delaware. We act as the spokesperson and advocate for committees and creditors both in the courtroom and the boardroom. Our goal when we represent a creditors’ committee is to counterbalance the debtor, the debtor’s secured creditors and other competing parties, and negotiate or litigate with the debtor and such other parties to achieve the best results for unsecured creditors, as promptly as possible.
Meyer Suozzi’s bankruptcy attorneys are experienced in prosecuting and defending preference actions and related avoidance actions. In addition to representing defendants in avoidance actions, our attorneys are often retained by debtors, creditors’ committees, and trustees, as special litigation counsel to prosecute hundreds more. As a result of the breadth of our experience, we are highly effective in minimizing exposure for our clients that are defendants and maximizing recoveries when we prosecute preference or other avoidance actions.
Meyer Suozzi’s bankruptcy attorneys have extensive experience in representing landlords of large office buildings and other commercial properties in New York City, Long Island and elsewhere in chapter 11 and 7 cases. Our professional services include negotiations and litigation: (a) to recover leased premises from debtors and trustees; (b) concerning a chapter 11 debtor‘s or trustee’s attempt to assume or assume and assign real property leases; and (c) regarding claims for pre and postpetition rent. Our focus in landlord engagements is to ensure that our clients achieve the most favorable economic deal possible in the shortest period of time.
International Insolvency Engagements
With the increasing globalization of business, a growing portion of Meyer Suozzi’s bankruptcy practice involves cross-border insolvency cases. Our restructuring lawyers have broad experience representing clients in ancillary proceedings under chapter 15. Our attorneys have served as counsel to the foreign representative of the Mexican debtor in the chapter 15 case of Compania Mexicana De Aviacion, S.A. and as counsel to the foreign representative of the Singapore debtor in the chapter 15 case of Berau Capital Resources Pte Ltd., each pending in the Bankruptcy Court for the Southern District of New York. Our attorneys recently obtained a ground breaking decision in Berau Capital that the debtor’s rights under a New York based bond indenture constitute property located in the U.S. for jurisdictional purposes.
Trustee & Examiner Engagements
Meyer Suozzi’s bankruptcy attorneys include a chapter 7 trustee who is on the panel for the Southern District of New York and our firm is routinely retained to represent her and other chapter 7 and chapter 11 trustees as their general bankruptcy counsel or as their special counsel to prosecute preference and fraudulent conveyance claims and other causes of action belonging to the estate. Our attorneys have served as or represented examiners appointed by the Bankruptcy Courts for the Southern and Eastern Districts of New York.
In light of the extensive experience of the members of our Bankruptcy Department, we have represented virtually all kinds of constituents in bankruptcy cases. In addition to our financial institution, debtor, creditors’ committee, committee member, preference, landlord, international insolvency, and trustee engagements, we have served as Bankruptcy Court appointed mediators, providing alternative dispute resolution (ADR) services, and have represented debtor’s management and equity, chief restructuring officers, utility companies, reclamation claimants, and others regarding their specialized rights in bankruptcy cases. We serve as conflicts counsel to larger firms who are unable to represent the interests of their clients against certain parties in interest in the case, and local counsel to out-of-state law firms. We have also served as special counsel to manage preference recovery and other avoidance action programs.
Meyer Suozzi’s bankruptcy attorneys are highly skilled and experienced in insolvency and restructuring matters, and have trained at large Manhattan law firms. We are leaders in the bankruptcy field, and our members include the chair of the New York City Bar Association’s Bankruptcy Committee, a Southern District of New York panel trustee, and several former law clerks to federal bankruptcy judges.
We provide bankruptcy and out-of-court strategies for businesses facing the challenges created by industry and market pressures, disruptions in liquidity, litigation, or the stresses of an uncertain economy.
We provide litigation and out-of-court solutions for lenders and businesses frustrated by the bankruptcy or insolvency of their borrowers, vendors or customers.
Our clients include Fortune 500 as well as middle-market companies and lenders as well as commercial borrowers in a variety of industries, including food and beverage, hospitality, real estate and healthcare. In the bankruptcy arena, we have extensive experience representing chapter 11 debtors in possession, creditors’ committees, chapter 7 and chapter 11 trustees, chapter 15 debtors, chapter 11 plan administrators and individual creditors.
Whether you need to recover money or property, defend bankruptcy litigation, file a bankruptcy case, or restructure a loan, Meyer Suozzi’s bankruptcy attorneys can help. We can also assist other professionals in advising their legal and accounting clients, or to be their conflicts or local counsel.
Meyer Suozzi looks forward to providing you with practical solutions and creative options for your business.