Bankruptcy & Restructuring

Irving, Carlson & Xavier’s Bankruptcy and Restructuring Practice Group employs a multidisciplinary approach to a national bankruptcy and restructuring practice with a focus on proactive creative, commercial, and cost effective solutions and strategies.

Utilizing a collaborative team approach that is at the heart of Irving, Carlson & Xavier’s success as a firm, clients’ needs are serviced by approximately fifteen veteran bankruptcy, corporate, finance, litigation, benefits, and tax professionals who are thoroughly versed in, and leverage off of, each other’s strengths and talents. This practice group regularly represents debtors, committees, creditors, shareholders, trustees, and financial institutions on all levels of the capital structure in all transactional and litigation aspects of bankruptcy cases, prepackaged Chapter 11 cases, Section 363 sales, out-of-court restructurings, workouts, and buyouts in jurisdictions throughout the United States. The Group also has considerable experience in all aspects of cross-border insolvency, having represented liquidators and receivers from numerous jurisdictions in all aspects of cross-border cases, including cases brought under US Bankruptcy Code Chapter 15.
Our goal is to assist our clients in anticipating, preparing for, and avoiding problems before they occur or, if the financial distress is too acute, guiding them through the myriad of issues that are attendant to the restructuring process. To this end, we routinely advise boards of directors, special committees, audit committees, independent directors, chief executive officers, and other members of senior management with respect to their fiduciary duties and obligations to, or exposures in connection with, financially troubled companies or acquisition targets. We also regularly meet with management and in-house counsel to provide updates on the law and discuss best practices.

The Group also represents clients in cutting edge cross-border insolvency matters.  The Group is at the forefront of the developing cross-border insolvency practice, having represented liquidators and creditors in numerous cross-border proceedings, including cases commenced under Chapter 15 of the Bankruptcy Code.  The Group is also well positioned to assist clients in understanding the cross-border insolvency implications of transactions and litigations.

Clients of the Group include private equity firms, merchant banks and other investment managers, financial institutions, high-yield and distressed debt investors, corporate and partnership debtors, trustees, liquidators, secured and unsecured creditors, creditors’ and equity security holders’ committees, bondholders, lessors, debt and equity security holders, insurance companies, hospitals, debtor-in-possession lenders, and Broadway theatrical producers.

Working closely with our Real Estate Litigation Group, we are also involved in numerous real estate restructuring matters across the country on behalf of real estate lenders, developers, and investors, as well as landlords and tenants in real estate insolvencies and bankruptcy cases.

The current and continuing financial crisis has caused widespread instability and grave concern in virtually every industry. We believe that Irving, Carlson & Xavier’s Bankruptcy and Restructuring Practice Group is able to provide the requisite sophisticated counseling and strategic planning to enable our clients to navigate through these turbulent times.