Bankruptcy and Financial Restructuring

The Bankruptcy and Financial Restructuring Practice Group of Briggs and Morgan assists commercial clients in bankruptcy and creditor's rights. We represent individuals, partnerships and corporations in all aspects of bankruptcy proceedings, from Chapter 11 reorganizations to Chapter 7 liquidation proceedings.

Our attorneys are highly recognized litigators in bankruptcy courts, as well as state and federal courts. Calling upon those at Briggs with strong experience in bankruptcy law and related disciplines, we provide effective client representation in bankruptcy and workout matters, including litigation, corporate governance, securities law, and mergers and acquisition. Our attorneys understand perfection and priority of security interests and liens; claims determination and allowance; suits to avoid preferences and fraudulent conveyances; equitable subordination of claims; and non-dischargeable issues.

Briggs has substantial experience in all aspects of Chapter 11 reorganizations, including plan negotiation, treatment of leases, franchise agreements and other executory contracts, and the negotiation and documentation of cash collateral arrangements and debtor-in-possession loans.

When a creditor is forced to collect a loan using collateral, Briggs attorneys share experience in all technical and practical aspects of foreclosure proceedings under state law and in state, federal and bankruptcy courts. Loan administration is also available to clients.

Private workouts are often pursued to avoid, whenever possible, the expense and adversarial approach associated with formal bankruptcy proceedings. Briggs and Morgan advises clients throughout all aspects: interceding on a client’s behalf with the IRS and other governmental regulatory agencies; appearing in court to enforce workout strategies; and handling the economics of settlement proposals, including "prepackaged" and "prearranged reorganizations.