Debtor Representation

Foley’s Bankruptcy & Business Reorganizations attorneys have extensive experience counseling financially distressed companies through crisis situations.
We represent borrowers and Chapter 11 debtors, providing long-term counseling and developing critical institutional knowledge, enabling us to "triage" issues arising in the context of either out-of-court restructuring negotiations or the Chapter 11 plan process. With a broad network of industry teams focusing on key markets (e.g., financial services, real estate, energy, municipal, hospitality, and health care), we can provide you with case-specific representation, while leveraging financial professionals and other work-out advisors. This ensures a comprehensive plan to maximize your chances of successfully emerging from bankruptcy.

Representative Experience

  • A21, Inc. & Superstock: Represented design imaging company as debtor’s counsel in chapter 11 liquidation.
  • AgFeed: Special counsel to debtor in sale of domestic and international farming and genetics operations, including repatriation of cash from sale of Chinese assets.
  • Distributors: Represented largest honey distributor as chapter 11 debtor.
  • Enzyme Formulations: Represented debtor in successful chapter 11 reorganization.
  • National Heritage Foundation: Served as debtor’s counsel to large non-profit organization in chapter 11 reorganization.
  • Quantum Technologies: Represented Quantum as debtor’s counsel in chapter 11 reorganization.
  • Sotera Wireless: Represented Sotera as debtor’s counsel in chapter 11 reorganization.
  • Trailer Bridge: Served as debtor’s counsel to trucking and marine freight transportation company.
  • Universal Cooperatives: Represented debtor in chapter 11 liquidation, including sales of domestic and international assets.

Representative Matters

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Representing debtors in Chapter 11 cases for a food products manufacturer in the Eastern District of Michigan. The debtors sold $137 million in products. While in bankruptcy, the debtors will continue to operate its business while it reorganizes its operations. At the time of the filing a plan of reorganization was filed. In bankruptcy the companies lawsuits are stayed.
Represented a debtor in an out-of-court workout that resulted in the sale of substantially all of the debtors' assets to a strategic buyer. The sale resulted in the significant reduction of debt and potential litigation for the benefit of equity.
Successfully filed chapter 11 case for the owner and operator of 3 exclusive golf courses in Cordillera, Colorado in the District Court of Colorado.