Distressed Assets
Upheaval in the capital markets has created new opportunities for investors and other market participants who are interested in buying distressed assets. Attorneys from a variety of arenas, including banking, business finance & restructuring, litigation and tax create our Distressed Assets practice group. Our attorneys understand the complexities surrounding the deal structures regarding distressed assets and are able to offer clients creative solutions for the best possible outcome. The group is able to assist clients in all aspects of distressed assets, from acquisition to disposition, including:
- Structuring and negotiating rescue and exit financing, including DIP lending and pre-bankruptcy forbearance arrangements, debt restructurings and other work-outs
- Foreclosures, asset dispositions and other creditor remedies/debtor defenses
- Formation of hedge funds, private equity vehicles and other investment structures for the acquisition of distressed assets
- Acquisition and disposition of distressed debt and other claims, including corporate debt and structured finance securities, trade claims, lease products, equipment certificates and litigation claims
- Negotiating, documenting and advising with respect to distressed loan and claims trading
- Advice and implementation of solutions for all related issues, including derivatives, tax and regulatory compliance
- Employing all necessary means to realize on purchased assets, through restructuring, litigation and/or bankruptcy
- Ensuring that entities who acquire distressed assets are properly licensed and comply with all applicable regulatory requirements
