On the corporate side, we have worked with debtor clients on Chapter 11 “Mega Cases” (companies with more than $100 million of assets or debt) as well as smaller businesses who view bankruptcy as a means to restructure or dispose of their businesses (or unprofitable portions thereof) in an orderly, controlled manner.
We defend the rights and interests of clients who face significant litigation that arises from lawsuits brought against them or their companies in bankruptcy cases filed by others, including preference litigation, fraudulent transfer litigation, and claim disputes based on bankruptcy or non-bankruptcy grounds.
We regularly guide our clients through the often confusing and potentially challenging issues which arise with respect to ongoing business dealings with customers that have filed for bankruptcy. We help them anticipate issues that commonly arise, such as contract performance during bankruptcy, claim issues (including reclamation claims for the recovery of products recently shipped to a debtor), and the deciphering of debtor-proposed chapter 11 plans which can affect or modify the future rights of our clients once the debtor exits bankruptcy. In addition, we work closely with clients to monitor their potential exposure to bankruptcy avoidance actions which could be brought against them as a result of debtor bankruptcy.
We actively represent secured lenders including institutional lenders and investors in workouts, restructurings, insolvencies, and bankruptcies involving assets and entities in a variety of industries. Clients rely on our guidance to navigate out-of-court and court-supervised matters, such as sales under Article 9 of the Uniform Commercial Code, assignments for the benefit of creditors, negotiation and litigation concerning cash collateral, adequate protection, valuation, and plan confirmation issues.
Our attorneys help lender clients identify and resolve problems before they occur – we are keenly aware of the signs and circumstances that belie deeper financial issues in troubled businesses – including, when necessary, renegotiating and rewriting documents and court filings, reevaluating financing options, and auditing other initiatives and processes to help clients increase their chances for business success.
Jon Cohen leads a group of Stahl Cowen lawyers who focus on the representation of Retiree Committees (sometimes called "1114 Committees") in major corporate bankruptcy cases.
The team has achieved impressive results in several major bankruptcies that have been recognized and appreciated by judges, opposing attorneys, U.S. Trustees, and, of course, the retirees and retiree committees they represent.
We are proud to say that we have represented more retiree committees than any other law firm in the United States, which is a testament to our experience and dedication to the retirees we serve. In addition, we often help retiree groups set up Voluntary Employee Benefit Associations (or "VEBAs") to maintain healthcare benefits for retirees, often using funds from settlements that we have helped them achieve under Section 1114 of the Bankruptcy Code.
In addition to our niche assisting retiree committees, our attorneys have often represented official unsecured creditors committees or individual members of such committees, including one current such engagement in the healthcare space.