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Business Insolvency & Restructuring

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Diamond McCarthy attorneys have earned the respect of clients, the courts and even opposing counsel for our ability to handle all the complex aspects of business insolvency and bankruptcy, including workouts, restructuring and creditors’ rights matters.

In today’s economic climate, tight credit often precludes angel investors from rescuing troubled companies. As a result, many companies choose to liquidate through Chapter 7 filings, rather than attempt to operate under Chapter 11 arrangements. For debtors and creditors alike, the legal counsel they retain must offer the talent and skill required to move through liquation and recovery proceedings with expediency and efficiency. Our deep experience in bankruptcies, combined with our firm’s attractive value proposition, offers clients the ability to meet both objectives while receiving partner-level attention and participation. In one recent matter, Diamond McCarthy was able to wrap up Chapter 7 proceedings for a client in record time – within seven weeks of the filing date.

In Chapter 11 bankruptcies, our attorneys provide debtor and creditor counsel to develop workout, reorganization and restructuring plans to satisfy secured and unsecured creditors. We also provide counsel to take advantage of financing and investment opportunities that may arise. We have decades of experience in representing corporate debtors, both public and private, as well as company directors and officers, guarantors, creditor committees, ad hoc committees, secured lenders, Section 363 asset purchasers and other parties.

In addition to our bankruptcy and restructuring expertise, our bankruptcy litigation team is fully prepared to provide bankruptcy court support and pursue matters through litigation proceedings as circumstances warrant.

Diamond McCarthy represented Perry Uniontown Ventures I, LLC, the owner of one of the largest landfills in the United States, in a Chapter 11 proceeding in the Southern District of Alabama. The company’s main asset is a state-of-the-art Subtitle D solid waste disposal facility that disposes of, among other wastes, fly ash generated as a byproduct of the combustion of coal. Diamond McCarthy’s team of bankruptcy restructuring and litigation professionals successfully litigated, negotiated and restructured the complex legal, financial and environmental disputes between the debtor, the indenture trustee, the operators and other parties in interests. Through these efforts – and against what appeared to be great odds at the commencement of the case – on Dec. 15, 2010, the debtor’s consensual plan of reorganization was confirmed.