Bankruptcy, Workout & Corporate Restructuring

Attorneys in the Bankruptcy, Workout & Corporate Restructuring Group of GSH have extensive experience representing a broad range of trustees, debtors, and creditors in formal bankruptcy proceedings and non-judicial restructurings and workouts. Our clients include public and private companies, non-profit corporations, lenders, trustees, and entities attempting to acquire assets or businesses. Group attorneys regularly counsel clients in the areas of bankruptcies, receiverships, leveraged buy-outs, workouts, debt restructurings, reorganizations, mortgage foreclosures, and acquisitions.

Where litigation is necessary to resolve debt and related problems, our attorneys offer a variety of services, including alternative dispute resolution, prejudgment remedies, trial, and appellate. GSH has experienced litigators who have represented corporate clients with a variety of complex litigation matters.

In an effort to maximize the value of legal services for our clients, GSH provides Creditor representation in bankruptcy matters on flat fee and contingency fee basis. Examples of these are as follows: Secured Creditor representation in Chapter 11, 13, and 7 matters on a flat fee basis. Unsecured Creditor representation in Chapter 11, 13, and 7 matters on a contingency fee or flat fee basis. Examples of Secured representation includes, but is not limited to, motions for relief from stay, review of plans, objections to confirmation, and filing of proofs of claims. Examples of Unsecured representation includes, but is not limited to, adversary matters for non-dischargeable issues and proofs of claims.

GSH will customize a bankruptcy program to meet your needs that will maximize the value of legal services being provided without sacrificing quality. Additionally, we will provide educational seminars on bankruptcy for your staff members at no charge.

Representative Experience

• Defended case at the Court of Appeals level for a housing lending authority. As a lender, our client foreclosed on a property where the borrower was in default. The borrower asserted numerous counterclaims against our client. We were granted summary judgment before the trial court and the borrower appealed. The appellate court affirmed the trial court in its entirety.
• Filed and prosecuted numerous proofs of claims in Chapter 7, 11 and 13 proceedings.
• Presented and prosecuted claims of Potentially Responsible Parties Agreements against corporate manufacturer/debtor. Duties included preparation of Proofs of Claim and evaluation of PRP Agreements status as quote executory contract.
• Represented the State of California as a creditor in complex bankruptcy reorganization.
• Represent one of the largest computer manufacturing companies in the world, in secured creditor actions throughout the Midwest.
• Representation of two title companies in a related Chapter 7 filing, including overlay of state regulations.
• Prevailed on hotly contested motion for relief from the automatic stay to recover commercial vehicles valued in excess of $150,000, which debtor claimed was necessary for its reorganization.
• Represented a real estate developer in action to enforce a land contract against bankrupt debtor; duties included seeking and obtaining relief from the automatic stay, and prosecution to judgment of action for strict foreclosure of land contract.
• Filed proofs of claims in a variety of Chapter 13 proceedings.
• Negotiated workout with a commercial borrower to avoid filing of Chapter 13 proceeding.
• Represented national retailer by the consumer regarding alleged violations of the bankruptcy code; creditor litigation.
• Active motion practice with regard to confirmation, claims and leases, and objections to plans in Chapter 11 and 13 cases.
• Represented client in a highly sophisticated Chapter 13 proceeding with underlying business litigation issues.
• Represented the Equity Committee of a publicly traded casino and a manufacturing company in separate successful reorganizations.
• Represented a Fortune 20 Financial Services Firm in a motion to open a default judgment, which was settled without further hearing.
• Litigated adversarial proceedings in federal courts and successfully defended creditors.
• Assist clients in obtaining financing or restructuring debt to avoid bankruptcy or develop strategies to obtain the maximum benefits from the Chapter 11 process.
• Represented lender liability issues in adversary proceedings, including income tax and payroll tax, lease disputes, real estate litigation, extensive preference defense, business litigation, complex sales transactions, partnership disputes, avoidance actions, and marriage dissolution resulting in bankruptcy.
• Handled matters for a major bank holding company concerning the Federal Fair Debt Collection Practices Act and rules governing home equity loans.