Bankruptcy, or the threat of bankruptcy, is an unsettling development for any company and its advisors - whether in the capacity of debtor or creditor. Too often, it is a final step that proves to be the undoing of an otherwise viable business or long-time business relationship.

       You cannot make the best decisions without a complete understanding of the process, the options and the ramifications. Proper planning can help to prevent or minimize the massive disruption and investment of time, energy, and money involved in any financial restructuring. The time to address bankruptcy issues is before the commencement of the insolvency proceeding. The best way to prevent financial and legal problems is to prepare for them.

       We are experienced specialists in business issues as well as bankruptcy issues because the two are inseparable. An understanding and appreciation of all aspects of business and business law are fundamental to understanding the legal process of financial restructuring. This business perspective is the foundation of our unique culture.

       CGA foresaw the need for specialists in bankruptcy many years ago. Our experience and creative approach in representing creditors and debtors in reorganization cases have earned us significant recognition. Our insolvency attorneys represent not only debtors, but secured creditors, creditors' committees, landlords, indenture trustees, bankruptcy trustees, receivers, purchasers of assets, trade and other unsecured creditors, governmental agencies, title insurance companies and others.

       Our attorneys are knowledgeable in all aspects of bankruptcy proceedings. We are highly experienced in debtor-in-possession financing and use of cash collateral issues; seeking appointment of a trustee or examiner; seeking relief from the automatic stay; other litigation, including the discharge of debtors, preferential transfers, fraudulent conveyances, equitable subordination and plan and disclosure statement formulation and opposition. Our bankruptcy-related activities include advising secured and unsecured creditors and debtors with respect to their rights and obligations under state law and the Bankruptcy Code, as well as conducting litigation in the bankruptcy courts on a variety of matters, including enforceability of rights under executory contracts and leases, obtaining administrative expense priorities, super priorities, liens, cross-collateralization under Section 364 of the Bankruptcy Code and claim objection contests.

       As a regular part of the practice, our bankruptcy lawyers work with our corporate and real estate attorneys in analyzing and drafting documents and structuring transactions in a work-out as well as bankruptcy context.