Bankruptcy, Restructuring & Receiverships

Capabilities & Experience

We represent hospitality clients, lenders, and receivers in distressed asset situations, including bankruptcies, workouts, recapitalizations, and asset dispositions. Our team provides practical guidance on operational continuity, lender negotiations, and regulatory compliance during financial restructuring.

Value to Clients

We help clients preserve asset value, restructure efficiently, and navigate complex insolvency scenarios with minimal disruption to ongoing operations.

We help clients manage distressed hospitality assets, protect value, and navigate transitions. Whether representing owners, lenders, or court-appointed receivers, we offer practical guidance for continued operations and long-term recovery.

Key Capabilities

• Chapter 11 Bankruptcy Representation – We represent hotel and resort owners in bankruptcy proceedings, helping to restructure debt, preserve operations, and facilitate asset sales.
• Lender Workouts & Foreclosure – Our attorneys negotiate with lenders and special servicers on behalf of borrowers to restructure loans, resolve defaults, and avoid litigation where possible.
• Receivership & Management Transition – We support operational continuity during court-appointed receiverships, advising on legal obligations, staffing, vendor relationships, and property access.
• Distressed Asset Acquisition – We counsel investors and buyers on acquiring distressed hotel and resort assets through bankruptcy sales or lender disposition.
• Vendor Contract & Employment Review – We renegotiate vendor and employment agreements to help clients manage liabilities and streamline operations during financial distress.
• Post-Restructuring Strategy & Repositioning – We assist hospitality businesses with capital restructuring, debt-for-equity swaps, and repositioning plans to return distressed assets to profitability.

Representative Clients

• Advised and represented a hotel management company as a court-appointed receiver in connection with the sale of a nationwide six-hotel portfolio.
• Represented a private equity firm in its connection to the restructuring of the membership program of a private golf and country club.
• Represented a client in connection with: (a) Restructuring the membership program for a prominent high-end private golf club in Georgia and preparing all new membership documents and agreements; and (b) Restructuring the cottage/bungalow occupancy agreements and the cottage/bungalow designee privileges agreements and preparing all new documents and agreements.
• Represented a hotel owner in dispute regarding a third-party restaurant management agreement for an outsourced restaurant including appearing in the restaurant manager’s bankruptcy proceeding in California. Mediation of the dispute and eventual negotiation of a settlement and termination as well as the rebranding of the restaurant and takeover of the restaurant operations by the hotel manager.
• Represented the receiver in connection with the receivership of a 48-hotel CMBS portfolio with hotels located throughout the United States, including restructuring franchise agreements with multiple brands, negotiating new management agreements with multiple third-party managers, and the ultimate disposition of the entire portfolio.
• Represented the receiver of a 49-hotel multi-state portfolio that was in default under their loan. Foley’s team represented the receiver in connection with the multiple hearings, negotiation of hotel management agreements and franchise agreements, temporary liquor licenses, and the multitude of daily issues confronted by the receiver. This matter was handled prior to joining Foley.
• Represented a commercial landlord client’s interests as a creditor in a tenant’s bankruptcy proceeding.
• Represented one of the owners of Cordillera Golf Club, located near Vail, Colorado, in a four-year arbitration against certain of the other owners. The claim included allegations of fraud, misappropriation of funds and concealment. A favorable decision in the arbitration eventually led to the acquisition of The Club at Cordillera. Thereafter, Foley represented the debtor in a successful Chapter 11 reorganization of Cordillera Golf Club.
• Represented Aimbridge Hospitality in connection with investment in an equity venture formed with a private equity firm to acquire a portfolio of over 100 hotels out of bankruptcy, and the negotiation of a master management agreement for the portfolio effective both pre- and post-plan confirmation.