Financial Restructuring & Loan Workout Practice
Lewis Brisbois’ Financial Restructuring & Loan Workout Practice assists lenders, borrowers, and owners with strategic planning to help equip businesses to navigate this ever-changing environment. Lewis Brisbois represents financial institutions, non-conventional lenders, institutional banks, private equity lenders, commercial real estate owners, commercial management companies, developers, manufacturers, technology and software companies, and other businesses in the full range of transactions and related issues. We counsel clients in all aspects of loans and complex loan amendments, syndications, multi-participant bank financings, general loan document preparation, loan workouts, loan and equity restructuring, and receiverships both on the lender and borrower side. We provide transactional, litigation, and regulatory assistance with all aspects of short-term and long-term workouts, restructuring of debt, equity, and other liability, operations issues, liquidity issues, receiverships, assignments, and bankruptcy.
The Financial Restructuring & Loan Workout Practice guides clients in the following areas:
- Short-term and long-term amendments, workouts, and restructuring of debt, equity, and other liability
- Business planning and continuity, including planning during challenging economic circumstances
- Termination rights and force majeure
- Revision of covenants, representations, and warranties
- Supply chain and price adjustments
- Federal assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
- Cancellation of indebtedness and reorganizations
- Loan, lease, and contract modification
- Loan restructuring and liquidity
- Distressed investment assistance
- Disclosure obligations
- Business interruption issuance and other coverage
- Bankruptcy debtor and creditor issues, including creditors’ committee engagements
- Fraudulent conveyances, preferences, and relief from stay motions
- Receiverships, assignments for the benefit of creditors, and bankruptcy
- Government investigations, fraud issues, and related government prosecutions
The attorneys who comprise our Financial Restructuring & Loan Workout Practice have extensive experience working with business owners, lenders, and borrowers during healthy economic times and financial downturns. Our attorneys regularly advise on sound lending practices, distressed loans, and regulatory requirements. To that end, they help clients develop and implement successful risk management practices designed to appropriately restructure distressed commercial real estate loans, leases, and other transactions. Our attorneys have the necessary experience and creativity to assist clients with workout plans that address EBITDA, amortization, guaranties, and other loan terms to modify a distressed loan in compliance with sound lending practices and applicable regulations, geared towards the best chance of ultimate satisfaction of the terms of the loan.
When it is determined that a workout would not be appropriate under the circumstances, our attorneys advise in connection with judicial and non-judicial foreclosure actions, enforcement of guarantees, injunctions, attachments and receiverships, assignments for the benefit of creditors, and bankruptcy. We represent debtors, creditors, bidders at auction, and creditors’ committees in all aspects of bankruptcy matters. Our trial attorneys collectively have tried hundreds of cases, and continue to manage litigation across various jurisdictions while complying with the recent COVID-19 court rule changes throughout the country. Our stellar reputation for trying cases successfully often helps clients resolve matters short of trial through negotiated settlements, arbitration, or mediation.