Bankruptcy, Insolvency & Financial Restructuring

Leadership, Creativity and Solutions

McDonald Carano represents debtors, creditors’ committees, secured and unsecured creditors, lenders, and indenture trustees in reorganization and liquidation bankruptcies. We advise clients seeking to purchase assets from insolvent entities whether in or out of bankruptcy; and we negotiate and supervise out-of-court, informal workouts and debt structures. Our experience spans a variety of industries, including manufacturing, technology, distribution, entertainment, gaming and real estate. One member of our practice group is one of only two lawyers in Nevada to be admitted as a Fellow to the American College of Bankruptcy Attorneys, the national honorary fellowship for bankruptcy practitioners.

Our group advises clients from the time they begin evaluating alternatives and begin pre-petition planning through to final plans for reorganization. We analyze and execute workout alternatives outside of bankruptcy court proceedings by shaping the solution to fit the problem. Because bankruptcy is not always the best choice for clients in financial distress, we also advise on the complete array of alternatives, including the assignment for the benefit of creditors, renegotiating bank loans and covenants, revising debt instruments, working out payment plans with vendors, and restructuring or rightsizing the client’s business.

The firm also represents creditors’ committees, equity holders, and individual creditors and lenders in the protection of their rights and assets in out-of-court restructurings and Chapter 11 reorganizations. Our multi-dimensional understanding of the challenges that can arise in these situations allows us to consistently deliver the practical guidance most likely to safeguard our client’s interests. We also negotiate cash collateral agreements, re-document loans and obtain relief from stay, and we aggressively pursue default debtors in liquidation and reorganization cases. We advise both buyers and sellers of assets in bankruptcies and reorganizations, and we prosecute and defend preference and fraudulent transfer actions, and other litigation arising in bankruptcy cases.

Our experience includes:

• Adversary litigation.
• Asset acquisitions and dispositions.
• Assignment for the benefit of creditors.
• Avoidance actions.
• Cash collateral agreements.
• Corporate reorganizations.
• Creditors’ Committee representation.
• Debt collection and recovery.
• Debt restructurings.
• Foreclosures.
• Lender liability.
• Out-of-court workouts.
• Secured creditor representation.

Our Bankruptcy, Insolvency & Financial Restructuring Group

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