| Bankruptcy and Insolvency/Debtor-Creditor Rights
Representative Cases
A cornerstone of the firm is its comprehensive and extensive experience in bankruptcy, reorganization, insolvency and debtor-creditor matters. The firm regularly represents secured and unsecured creditors, creditors' committees, trustees, liquidating agents, debtors, banks, finance companies, insurance companies, ERISA fringe benefit funds, landlords, tenants, business owners and other interested parties in matters under Chapter 7, 11 and 13 of the Bankruptcy Code, state law insolvency proceedings (receiverships, assignments for the benefit of creditors, chattel trust mortgages), out-of-court loan workouts, debt compromises, reorganizations and liquidations. We have considerable experience representing purchasers and structuring transactions for the purchase of businesses and/or assets in both bankruptcy and non-bankruptcy matters. We are well-known in the bankruptcy courts and have frequently participated in large national bankruptcy cases, and regularly act as local co-counsel for debtors, creditors, creditors' committees, trustees,liquidating agents and other firms involved in local litigation. The Firm is proficient in bankruptcy litigation matters, including preference, fraudulent conveyance and other controversies arising within proceedings under the Bankruptcy Code.
The services we provide to our clients include:
- Analyzing the debt problems of insolvent companies and individuals
- Consulting with companies and individuals with regard to bankruptcy and non-bankruptcy alternatives
- Representing creditors' committees in court and in out-of-court matters including automotive related cases
- Advising on the bankruptcy impact of various business transactions
- Advising secured and unsecured lenders and creditors, including landlords
- Preparing and reviewing voluntary and involuntary bankruptcy petitions, schedules and statements of financial affairs
- Participating in corporate restructuring and insolvency proceedings
- Purchasing, selling or liquidating troubled businesses and/or their assets, both out-of-court and in bankruptcy proceedings
- Litigating disputed valuation of assets
- Litigating appointment of trustees and/or conversion of cases from Chapter 11 to Chapter 7
- Litigating all matters pertaining to validity, perfection, priority and enforcement of security interests
- Prosecuting or defending avoidance actions (i.e., preference and fraudulent conveyance matters) and disputes regarding equitable subordination of claims
- Negotiating debtor-in-possession financing arrangements
- Negotiating and implementing out-of-court workout and restructuring agreements and plans of reorganization, including pre-packaged plans and related disclosure statements
- Filing and prosecuting involuntary petitions and motions to appoint trustees
- Negotiating and drafting orders authorizing the use of cash collateral, and/or opposing requests to use cash collateral, including conducting evidentiary hearings
- Obtaining relief from the automatic stay
- Filing and responding to motions for the use, sale or lease of estate property, rejection or assumption of executory contracts, and authorization for post-petition transactions
- Negotiating with debtors-in-possession, trustees, and committees regarding every aspect of a client's interest as affected by the bankruptcy process
- Negotiating, preparing, reviewing and confirming disclosure statements and plans of reorganization
- Preparing proofs of claim and defending objections to proofs of claim
- Negotiating and documenting reaffirmation agreements
- Non-dischargeability and denial of discharge actions
- Representative Erman Teicher Bankruptcy and Insolvency/Debtor-Creditor Cases
- American Bankruptcy Institute
- Commercial Law League of America
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Copyright 2003-2005 by Erman, Teicher, Miller, Zucker & Freedman, P.C. All rights reserved.
400 Galleria Officecentre, Suite 444
Southfield, Michigan 48034
Telephone: (248) 827-4100
Fax: (248) 827-4106
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