Our firm’s Restructuring and Bankruptcy practice encompasses the representation of debtors, creditors, creditor committees and fiduciaries in litigated and non-litigated financial workouts and bankruptcy proceedings. With over 40 years of experience serving clients in Louisiana and throughout the Gulf Coast region, our attorneys are intimately familiar with the local courts, as well as the local economic conditions. This familiarity allows us to offer practical, results-oriented legal advice focused on helping our clients achieve their goals efficiently and cost-effectively.
Whether we are representing a business that needs to restructure its debt or we are representing a creditor committee that is focused on extracting as much value from a distressed debtor as possible, our ultimate goal is the same: We want to help our clients achieve a favorable resolution so they can keep their business moving forward.
Strategic Representation for Debtors, Creditors, Creditor Committees and Fiduciaries
The restructuring and bankruptcy attorneys at Simon, Peragine, Smith & Redfearn have extensive experience representing all parties involved in complex restructuring transactions and bankruptcy proceedings in U.S. Bankruptcy Courts.
Our services in the area of restructuring and bankruptcy include:
Debt Restructuring and Workouts
We represent clients in restructuring and workout negotiations involving all types of business and commercial debts. From mezzanine financing to commercial real estate loans, and from bank loans to debt investments in startup entities and emerging enterprises, we work closely with our clients to understand the specific circumstances involved in each individual scenario. Once we have a clear understanding of all of the various business, financial, legal and practical issues, we develop a list of options and then execute a strategy that is designed to achieve our client’s goals without the need for bankruptcy litigation.
Our attorneys represent business and commercial debtors in restructuring and workout negotiations, as well as federal bankruptcy proceedings and related litigation matters. We have considerable experience securing favorable outcomes for distressed debtors through the confirmation process. At Simon Peragine, we understand the unique and often high-stakes nature of seeking to recover from distressed debt situations, and we are committed to helping our clients achieve positive results through the most-efficient means available.
Official and Ad Hoc Creditor Committees
We represent both official and ad hoc creditor committees in Chapter 11 and other bankruptcy and restructuring matters. As creditor committee counsel, we fully analyze the circumstances of the debtor’s financial situation in order to determine the most-advantageous path forward. We also advise the committee on matters including examination of the debtor’s business management and operational structure, working with the debtor in possession and negotiating a reorganization plan. With decades of experience in the bankruptcy arena, we are widely recognized as skilled and effective advocates for creditor committees throughout the Gulf Coast region.
Secured and Unsecured Creditors
In addition to representing committees of both secured and unsecured creditors, we also have extensive experience representing individual secured and unsecured creditors in restructuring and bankruptcy proceedings in Louisiana and beyond. When representing secured creditors, we take full advantage of their secured status, and we ensure that our clients’ priority interests are preserved. When representing unsecured creditors, we utilize all available legal, equitable and contractual remedies to protect our clients’ interests to the fullest extent possible.
Trustees, Receivers, Examiners, Indenture Trustees and Other Fiduciaries
Simon Peragine attorneys represent trustees, receivers, examiners, indenture trustees, chief restructuring officers, and other fiduciaries in all restructuring and bankruptcy matters. Our experience ranges from advising trustees and chief restructuring officers with regard to the operation and liquidation of assets, indenture trustees regarding the interests of bondholders and examiners in debtor investigations, to advising receivers regarding their fiduciary responsibilities. As counsel for bankruptcy fiduciaries and receivers, we provide advice and guidance based on deep insights derived from decades of experience, and we help our clients confidently fulfill their duties without unnecessary exposure to litigation.
Post-Confirmation Fiduciaries in Litigation and Asset Disposition
After the confirmation process is complete, fiduciaries’ obligations shift and our role as counsel shifts as well. We have represented all types of fiduciaries in post-confirmation litigation and asset distribution proceedings, serving as advisors and defense counsel as necessary. Our attorneys have significant experience in both the formal and informal resolution of post-confirmation disputes, and we offer sound, practical advice for overcoming issues in order to keep bankruptcy proceedings moving toward final resolution.
Avoidance actions can present unique legal challenges for debtors, creditors and trustees. Our attorneys have successfully represented clients in avoidance actions under Sections 544 – 550 of the U.S. Bankruptcy Code involving a broad range of liabilities and distressed situations. We have helped trustees bring assets into the bankruptcy estate through the avoidance of pre-bankruptcy transfers; and we have successfully defended the attempted recovery of pre-bankruptcy payments to creditors.
When a Chapter 11 reorganization or out-of-court restructuring is not feasible or not in our client’s best interests, we guide our client through the liquidation process. Our bankruptcy attorneys have substantial Chapter 7 experience, having represented debtors, creditors, and trustees in multiple jurisdictions across the country. Similar to other aspects of bankruptcy, dealing with insolvency presents a variety of unique and complex issues, and our attorneys have the knowledge, skill and business acumen required to help our clients make informed decisions at every stage of the process.