Business finance, bankruptcy and restructuring matters present great uncertainty at a stressful time. Whether your business is a creditor or debtor, having experienced bankruptcy counsel at your side helps minimize losses and preserve value.
No matter how your business is involved in the bankruptcy process, understanding and participating in case strategy is essential to achieving a desirable outcome. Godfrey & Kahn attorneys work collaboratively with each client to ensure their input into how the case is handled. Our practical, business-minded team is prepared to help with everything from informal workouts and routine bankruptcy cases to sophisticated corporate reorganizations and cases presented before the U.S. Supreme Court. We also specialize in Wisconsin Chapter 128 receiverships, financial restructuring, creditor’s rights and fee review matters.
Over the last decade, our bankruptcy team has had significant roles the Purdue Pharma and Archdiocese of Milwaukee bankruptcy cases, as well as experience serving as counsel to the fee examiner or fee committee in the General Motors, Lehman Brothers, Energy Future and Commonwealth of Puerto Rico bankruptcies.
We routinely assist clients from various industries, including manufacturing, distribution, wholesale, retail, real estate and professional services, with:
- Maximizing creditor recoveries
- Selecting financing
- Facilitating creditor accommodations
- Mitigating distress on buyers and sellers of troubled businesses
- Assisting insolvent companies with refinancing and reorganization
- Preventing “clawback” of payments received
With a team of connected, respected and experienced attorneys who practice nationwide, we don’t just argue the law—we help shape the law. From helping set new precedent through appeals to leadership and membership in the 60-member National Bankruptcy Conference, the American College of Bankruptcy and the American Bankruptcy Institute, Godfrey & Kahn attorneys routinely influence the future of American bankruptcy law.
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The following are some examples of services the Business Finance, Bankruptcy & Restructuring Group has provided to our clients:
A large meat-packing client came to us with labor problems and a history of losses. We used Chapter 11 to give the client the time and cost-cutting tools to become strictly a meat processing company, settle its labor dispute and emerge as a profitable, growing employer.
A landlord client already had poor cash flow from a warehouse property when his tenant missed several payments and then filed a bankruptcy petition. We assisted the client to resolve the bankruptcy issues. This allowed him to sell the property and recover sufficient cash from the tenant's bankruptcy estate. In addition to covering all of his actual damages, he also recovered a portion of what would have been his future rents from the property had he not sold it.
A telemarketing company being forced into liquidation retained us in an attempt to reorganize. It was the rare case where it made sense to fight (and win) the battle with the client's commercial bank. We negotiated a payment plan with other creditors, raised cash by selling off unprofitable lines of business, and helped to settle the claims of a venture investment group. The company became profitable, the bank was paid in full and several years later the client's owners sold the business for a healthy return.
A manufacturing client was sued by the East Coast bankruptcy trustee of a former customer to recover a large "preference." The complaint was accompanied by burdensome "interrogatories" and requests for the client's documents. Reviewing the account history with the client, we quickly discovered the trustee had ignored crucial information in computing the alleged preference. We negotiated dismissal of the complaint without having to retain local counsel or prepare elaborate pleadings.