Bankruptcy and Financial Restructuring

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Briggs and Morgan’s Bankruptcy and Financial Restructuring Practice Group is one of the Twin Cities’ premier bankruptcy, workout and creditors’ rights practices. Our attorneys have represented secured and unsecured creditors, trustees, real estate and equipment lessors, insurers, creditors' and equity committees, business debtors, boards of directors, post-confirmation entities, and other interested parties in chapter 11 bankruptcies and workouts across the country. We have also represented parties in complex creditors’ rights and insolvency-related litigation, including matters involving the Uniform Commercial Code, Ponzi schemes, receiverships, foreclosures, leasing, director and officer liability, preferences, fraudulent transfers, and collections.

We understand that bankruptcy and workout often require both transactional and litigation skills. That is why our attorneys are both deal-makers and trial attorneys. We can negotiate and close highly complex distressed transactions, or litigate and try cases to conclusion in bankruptcy courts, as well as state and federal courts. Calling upon those in the firm with experience in related disciplines such as litigation, real estate, corporate governance, securities law, and mergers and acquisitions, and utilizing paraprofessionals when possible, Briggs and Morgan’s Bankruptcy and Financial Restructuring Practice Group consistently provides its clients with effective, goal-oriented representation in all types of bankruptcy and workout matters.

We assist clients in the following areas:

Bankruptcy and Bankruptcy Litigation

  •  Secured creditors
  •  Unsecured creditors
  •  Committees
  •  Lessors/lessees
  •  DIP lenders
  •  Adversary proceedings

Creditors’ Rights and Financial Litigation

  •  Participant litigation
  •  Lender liability
  •  Collections
  •  UCC Article 9 litigation
  •  Receiverships
  •  Attachment

Distressed Transactions

  •  Distressed M&A
  •  Bankruptcy acquisitions
  •  Contract amendments
  •  Auctions
  •  UCC Article 9
  •  Zone of insolvency

Restructuring and Workout

  •  Forbearance
  •  Surrender of collateral
  •  Friendly foreclosures
  •  Workout negotiations
  •  Loan amendments
  •  Assignments for the Benefit of Creditors

Real Estate and Foreclosure

  •  Foreclosures
  •  Deeds in lieu
  •  Unlawful detainers
  •  Lease amendments
  •  Voluntary foreclosure

Ponzi Scheme Defense

  • Bankruptcy litigation
  • Receivership litigation
  • Complex discovery
  • Ancillary motion practice
  • Appeals

Representative Matters