CREDITORS’ RIGHTS AND BUSINESS REORGANIZATIONS

OUR CREDITORS’ RIGHTS PRACTICE

Our Creditors’ Rights Practice Section represents:

• Creditors
• Creditor Committees
• Lenders
• Landlords
• Owners

We have extensive experience protecting creditors’ rights in litigation, workouts and bankruptcy. Whether the circumstances call for trial skills or deal-making expertise, we strive to maximize our clients’ debt recovery by identifying available assets and strategies for successful realization of claims. In bankruptcy matters—including many high profile proceedings—our attorneys have successfully represented creditors in connection with complex preference matters, lifting the automatic stay, fraudulent transfer litigation, assumption and rejection of executory contracts, discharge and dischargeability matters, claims litigation, and plan confirmation issues.

OUR BUSINESS REORGANIZATIONS PRACTICE

We regularly represent troubled companies in out-of-court workouts and utilize the depth of our firm’s range of practice areas, such as corporate, real estate, litigation, construction, intellectual property and employment law. Our attorneys also have substantial experience in representing purchasers, sellers and other interested parties in connection with the sale or disposition of assets, debt, securities, and other interests of distressed companies.

CREDITORS’ RIGHTS AND BUSINESS REORGANIZATIONS DEALS AND DISPUTES

Here is a representative sample of various types of litigation, bankruptcy proceedings and out-of-court workout matters PDH has been recently involved in with respect to creditors’ rights and business reorganizations:

• Advised Board of Directors under Delaware law on their fiduciary duties associated with a proposed recapitalization where the Company had a controlling shareholder and could be alleged to be in the zone of insolvency.
• Involuntary Chapter 7 filing on behalf of group of secured mechanic lien claimants in Tennessee Bankruptcy Court against national construction firm.
• Settlement of disputed accounts receivable, sales of real estate in multiple states, and resolution of claims on behalf of an insolvent subsidiary for firm client.
• Successful jury trial defense of claims asserted by a Bankruptcy Trustee under fraudulent transfer theory against a PDH client.
• Trial verdict representing creditor in pursuing a large six figure fraudulent transfer claim.
• Negotiated settlement of Chapter 11 trustee seven figure commodity transaction claim for less than one-third of amount claimed.
• Debt planning of Houston company including sale of unprofitable locations and successful negotiation with landlord for reduction in rent.
• Successful confidential settlement of seven figure guaranty claim asserted by third party financing company.
• Successful resolution through litigation and agreement on behalf of two-thirds owner of business entity where successor of interest claims were asserted by a Bankruptcy Trustee.
  

Martyn B. Hill,
Managing Shareholder
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