Bankruptcy
EMWN assists clients in all aspects of bankruptcy and bankruptcy litigation. Whether representing creditors seeking to limit losses and maximize recoveries or debtors facing financial uncertainty and distress, EMWN helps clients establish a clear and effective path forward. EMWN has represented individuals and businesses in the context of consumer and commercial bankruptcy, debt restructuring, debtor and creditor relations and commercial litigation including debtors-in-possession, creditors’ committees, secured and unsecured creditors, lessors, contract parties and trustees in all chapters of bankruptcy.
EMWN has significant experience representing both debtors and creditors in business bankruptcies, whether Chapter 7 or Chapter 11. EMWN’s attorneys have experience in all facets of the bankruptcy process including advising and litigating on matters ranging from pre-filing and bankruptcy planning, relief from the automatic stay, the use of cash collateral, adequate protection disputes, 363 sales, and plan negotiation and confirmation.
Proactive strategies for loss mitigation and counter-party risk is required to map a path to maximizing recoveries for creditors in bankruptcy. EMWN has represented and develops legal strategies for secured, priority, and unsecured creditors in bankruptcy proceedings. We assist creditors in all phases of the bankruptcy process including stay relief, assumption and assignment of executory contracts and leases, claims allowance and plan treatment.
EMWN represents clients, both plaintiffs and defendants, in complex insolvency litigation including fraudulent conveyance litigation, directors and officers’ liability litigation, and preference litigation, and lien disputes.
We have been selected on numerous occasions to represent the official committee of unsecured creditors in complex Chapter 11 cases across numerous industries. EMWN works with committees to protect and promote creditors’ rights and develop exit strategies that create value for unsecured creditors.
EMWN represents fiduciaries in all aspects of insolvency and creditors right cases, including the representation of bankruptcy trustees in Chapter 7 and 11 cases, liquidating trustees and state court receivers.