Bankruptcy Court Litigation. We litigate in bankruptcy court in cases ranging from the simplest to the most complex. Our goal is to achieve the best results we can for our clients at the least possible cost, using the knowledge and experience of Holland & Hart lawyers in specialties outside of the bankruptcy area, technology tools, and in-house trial consulting, as necessary.
Counseling. Bankruptcy and creditors' rights can be highly complex, and a mine field for those who do not plan properly. We counsel our clients as debtors and creditors at the earliest stages of a problem's development to try to get the best result we can. We also advise our clients as transactions are being negotiated and structured to minimize the risks posed by the potential future bankruptcy of any party, including issues such as preferences, fraudulent transfers, and executory contracts.
Negotiation and Workout. Successful negotiation is the key to solving many debt problems. We encourage the negotiation and workout of financial problems to our clients' benefit. We try to maintain good relationships and communication with the other attorneys to avoid any artificial barriers to working out debt problems, to try to avoid needless litigation.
Creditor Representation. We spend a great deal of time counseling and representing our secured and unsecured creditor clients, both within and outside of the bankruptcy context. We work with creditors' committees in Chapter 11 cases and on behalf of creditors in cases under all chapters of the Bankruptcy Code. We assist our creditor clients in obtaining all of the available creditor remedies, including relief from the automatic stay in bankruptcy, dismissal and conversion of bankruptcy cases, creditors' plans of reorganization, and opposing and negotiating debtors' plans of reorganization, as well as the many other unique challenges that arise in each case.
Representation of and Participation in Creditors' Committees. We have represented leading creditors on creditors' committees in many large bankruptcies, such as Storage Technology and Frontier Airlines, as well as in smaller bankruptcy cases. We know the dynamics of Chapter 11 cases and the ways in which creditors' committees function and can effectively act to enable our clients to optimize the benefit of that process.
Formulation and Litigation of Chapter 11 Reorganization Plans. We have proposed Chapter 11 plans on behalf of debtors and opposed them on behalf of creditors. Our experience in Chapter 11 cases gives us confidence in handling all types of Chapter 11 cases competently.
Debtor Representation. We have represented debtors under all of the chapters of the Bankruptcy Code, including reorganizations under Chapters 9 and 11. We offer our clients counseling and negotiation services, as well as representation in formal bankruptcy proceedings.
Tax Planning in Workouts and Bankruptcy. We provide tax counsel to both debtors and creditors in our workouts and bankruptcy. Debt forgiveness, debt restructuring, and exchanges of property for debt are planned to minimize tax liabilities and to preserve valuable tax attributes. We also advise debtors and creditors as they bargain for the use and treatment of tax assets such as net operating losses.
Representation of Purchasers of Assets. Bankruptcy, particularly Chapter 11, sometimes offers unique opportunities to acquire businesses and assets on favorable terms. Together with the firm's business lawyers, we can do everything necessary to accomplish an acquisition that in any way involves bankruptcy or insolvency.
Chapter 9 Municipal Bankruptcies. We have taken several special districts through the Chapter 9 reorganization process. As a result of this experience, we are familiar and comfortable with this developing area of bankruptcy law.