Financial Restructuring and Bankruptcy

Clients turn to Epstein Becker Green for in-court and out-of-court insolvency situations and solutions.

Our restructuring lawyers provide responsive, cost-effective, and results-oriented counsel to a wide variety of clients. We handle bankruptcy- and insolvency-related court proceedings, out-of-court restructurings, receiverships, and the full range of distressed business and asset transactions throughout the country. Our clients include debtors and debtors-in-possession, purchasers of assets, secured and unsecured creditors, lenders, indenture trustees, receivers, court-appointed trustees, landlords, factors, and parties doing business with distressed businesses.

Our restructuring professionals work seamlessly with Epstein Becker Green’s highly experienced health care and life sciences attorneys to provide innovative solutions as they relate to financially distressed hospitals, surgery centers, senior living facilities, and other health care organizations. The health care services industry faces labor shortages, increased costs, supply chain issues, increased employee salaries, and fewer governmental funds as we continue to endure an inflationary period. This environment calls for a team that can creatively interact with payors and government agencies. Epstein Becker Green’s attorneys have the industry experience to navigate these challenging times. Our attorneys also have experience guiding clients through acquisition opportunities that arise in distressed environments, including competitive bidding and sales pursuant to Chapter 11, UCC Article 9, and out-of-court workouts.

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Drawing on the knowledge of Epstein Becker Green’s antitrust, capital markets, corporate, employee benefits, environmental law, health care and life sciences, intellectual property, labor and employment, litigation, real estate, and tax lawyers, as well as their own experience in these disciplines, our restructuring lawyers are able to provide clients with comprehensive and value-added solutions to the myriad problems that can occur in bankruptcy and insolvency matters.

Our Services

• Structuring and implementing distressed asset acquisition and disposition transactions across a variety of industry lines
• Representing indenture trustees, lenders, and receivers in receivership proceedings
• Representing buyers in connection with the acquisition of going-concern businesses and other distressed assets, including conducting due diligence, negotiating transaction documents, participating in auctions, obtaining court approval where required, and coordinating closing and post-closing activities
• Documenting loans, receivable fundings, and other forms of financial accommodations, implementing mechanisms to protect collateral value, and developing strategies to extricate lenders and factors from distressed situations on behalf of both secured lenders and factors
• Defending clients in bankruptcy adversary proceedings, such as claims for avoidance of preferences and fraudulent conveyances
• Advising clients on creditors’ rights, the pursuit and protection of claims, critical vendor rights, rights of setoff and recoupment, and the operation of the automatic stay

Besides handling diverse insolvency-related transactional matters, we have successfully negotiated, litigated, or investigated many bankruptcy and insolvency issues, including:

• adequate protection,
• assumption and rejection of executory contracts and unexpired leases,
• automatic stay,
• bankruptcy appeals,
• bankruptcy fraud,
• breach of fiduciary duty and D&O claims,
• cash collateral,
• contested confirmation of reorganization plans,
• dischargeability of debts,
• exclusivity,
• foreclosure,
• fraudulent conveyances,
• lender liability,
• objections to claims,
• preferential transfers,
• substantive consolidation,
• turnover demands, and
• valuation disputes.

Our lawyers have appeared before federal bankruptcy, district, and appellate courts nationwide, as well as in state and federal court attachment, levy, injunction, and collection actions.

In addition, our restructuring lawyers are particularly experienced and adept in the area of health care-related financial restructurings.

• Representing bidders and buyers of hospitals and health care providers in Chapter 11 and state court proceedings
• Counseling various health maintenance organizations (HMOs), preferred provider organizations (PPOs), independent physician associations (IPAs), and other managed care providers in connection with bankruptcy litigation
• Advising lenders and factors that provide financing, whether pre-petition, post-petition, or exit financing
• Counseling investment bankers regarding insolvent health care providers and the structuring of reorganization plans
• Advising financially troubled health care debtors in out-of-court workouts

Representative Cases

• Brown Publishing Company (Central Islip, NY)
• HealthExtras, LLC (Baltimore, MD)
• iHeartMedia, Inc. (Houston, TX)
• Interfaith Medical Center, Inc. (Brooklyn, NY)
• Leonard A. Farber, M.D., PLLC, d/b/a The Farber Center for Radiation Oncology (New York, NY)
• Long Beach Medical Center (Central Islip, NY)Roper Brothers Lumber Company, Inc. (Richmond, VA)
• Saints Vincent’s Catholic Medical Centers of New York (New York, NY)
• Sound Shore Medical Center of Westchester (White Plains, NY)
• Southeast Health Center of Reynolds County, LLC (St. Louis, MO)
• Swanke Hayden Connell Ltd. (New York, NY)
• The Commonwealth of Puerto Rico (Puerto Rico)
• The Proton Therapy Center, LLC (Nashville, TN)
• WR Liquidation, Inc. f/k/a White Rose Inc. (Wilmington, DE)

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Past Events