Overview
Protecting Value in Times of Financial Uncertainty
In times of financial distress or looming default, both creditors and struggling businesses must act swiftly to preserve value, stabilize operations, and mitigate the impact of insolvency. Our team delivers proven legal guidance in these high-stakes situations. Whether advocating for creditors or advising distressed companies, we help clients define clear objectives and achieve successful, value-driven outcomes.
Michael Best represents creditors across the full spectrum of collection, insolvency, and bankruptcy matters, from negotiating and litigating bankruptcy plans to resolving contract disputes and successor liability claims. Our team also advises on the strategic acquisition of assets from receiverships and bankruptcy estates.
Opportunities to Save Businesses
Even in challenging financial times, there are paths to preserve value and rebuild. Michael Best helps businesses, lenders, investors, and acquirers navigate workouts, restructurings, and distressed transactions with strategic, multidisciplinary support.
Our services span:
- Finance: Recapitalizations, debt and equity restructurings
- Governance: Board and ownership guidance on fiduciary duties
- Real Estate: Distressed property deals and landlord representation
- Transactions: Credit arrangements, forbearance, and intercreditor issues
- Litigation: Foreclosures, receiverships, and bankruptcy protections
- Tax: Structuring deals to maximize tax efficiency
Focus Areas
- State and federal collection and eviction actions
- State and federal foreclosure of mortgages, land contracts
- Guaranty and surety enforcement and collection actions
- Defense of counterclaims and lender liability claims
- State and federal receiverships
- Injunction proceedings
- Assignments for the benefit of creditors (ABCs), including Chapter 128 proceedings
- Non-judicial foreclosure proceedings
- Supplemental examinations, asset searches, and collectability evaluations
- Garnishments, attachments, executions, and other pre- and post-judgment remedies
- Bankruptcy proceedings, including valuation proceedings, claims determinations and objections, relief from stay, adversary proceedings, nondischargeability determinations, preference, and fraudulent transfer avoidance actions
- Equitable subordination and marshalling actions
- Successor liability and veil-piercing claims
- Fraud, misrepresentation, insider transfers, and other fraudulent transfer actions
- PACA, PASA, construction, and other specialized trust and lien claims
- Remedies for creditors
