Weiss & Spees, LLP

Attorneys at Law

Bankruptcy, Insolvency and Creditor's Rights

 

Our attorneys have extensive expertise representing and advising debtors, trustees, creditors and other parties in connection with virtually all bankruptcy and insolvency law issues. We handle complex business reorganizations both out of court and through Chapter 11 plans as well as Chapter 7 liquidations, providing creative solutions to the myriad of issues facing the financially troubled business.  Our attorneys have represented debtors and trustees in Chapter 7 and Chapter 11 proceedings and out-of-court work-outs in a diversity of industries including healthcare providers, savings and loan institutions, gasoline distribution, automobile dealerships, dairies, private investment funds, multi-state campground organizations, hotel management, restaurants, manufacturing concerns; waste management, real estate, food and various entertainment businesses such as television syndication, motion picture distribution (foreign and domestic) and motion picture production. 

Among the services we offer as part of the Firm’s bankruptcy, insolvency and creditor rights practice group are the following: 

Debtor Representation

The Firm handles all aspects of debtor representation in Chapter 7 and Chapter 11 proceedings, including debtor in possession financing, exit financing, plans of reorganization, insolvency insurance issues, discharge issues, property turnover, recovery of  fraudulent and preferential transfers, claim disputes and estimation, insolvency tax issues, assignment of executory contracts and leases and sales of assets under bankruptcy code § 363.  The attorneys at the Firm have represented both debtors in possession as well trustees who have been appointed in bankruptcy proceedings.  In addition, we can advise financially troubled clients on options and issues arising outside of bankruptcy including receiverships and assignments for the benefit of creditors, turnaround plans, recapitalization arrangements, forbearance agreements, debt equity exchanges and notices of default and post default negotiations.

Creditor Representation

The attorneys at Weiss & Spees provide creditor representation in lien avoidance actions and advise creditors on Article 9 rights and remedies, foreclosures, auction sales, acceptance of collateral, reclamation and seller rights, inter-creditor priority disputes and agreements, relief from stay, acquisition of distressed debt, debt/equity exchanges, derivatives, special purpose vehicles, bankruptcy remote vehicles, and security agreements.

Third Party Representation

Third party representation in asset acquisitions from distressed companies including private sales, 363 sales, foreclosure sales, short/discount sales, debt acquisitions (distressed and defaulted debt), leveraged buyouts, debt/equity exchanges, transition and servicing agreements and special licensing issues (motion pictures and other forms of intellectual property).

Hospital Bankruptcies

The lawyers at Weiss & Spees have handled multiple hospital bankruptcies on behalf of debtors- in-possession and trustees and we are uniquely familiar with the complex issues arising in these cases.  The Firm is well positioned to address disputes with vendors, medical staff, labor unions and regulatory agencies attendant to such bankruptcies.

Preference Defense

In every bankruptcy proceeding, “preference actions” are brought on behalf of the Debtor to recover payments to creditors made within 90 days of the filing of the bankruptcy petition (or one year in the case of insiders).  If you are the subject of a preference action, the Firm can quickly evaluate available defenses to such actions and settle or defend you in a cost effective manner.