Bankruptcy, Business Restructurings and Creditors' Rights

Overview

Weston Hurd has a wide-ranging and sophisticated practice in the areas of commercial bankruptcy, business restructurings and creditors’ rights. The firm represents debtors, creditors, purchasers, landlords, tenants, developers, interested parties, committees and trustees in all phases of civil litigation and the bankruptcy process throughout Ohio and the United States. In addition, attorneys advise businesses in restructuring financial obligations. Weston Hurd enjoys a reputation of aggressively and effectively representing the rights of creditors in bankruptcy, workouts, and commercial litigation.

Attorneys strive to provide the most effective representation possible consistent with the client’s goals and objectives. A variety of backgrounds and experiences allows the firm to assign the right lawyer or assemble a seasoned team to each engagement. Having extensive experience enables the group to identify issues, recommend solutions, and formulate cost-effective strategies for each matter. Of utmost importance is remaining accessible and keeping clients informed throughout the entire course of a matter.

A representative list of the services Weston Hurd provides in these practice areas includes:

BANKRUPTCY

• Adversary proceedings, including fraudulent transfers, preferences, lien subordination, and lien priority issues
• Business debtor representation (chapters 7 and 11)
• Claims preparation and defense
• Collateral protection and recovery
• Creditor, committee, trustee, asset purchaser, landlord, tenant and party in interest representation
• Disclosure statements and plan confirmation issues
• Hearings, trials and appeals
• Lease and executory contract issues
• Motions and related proceedings
• Post-confirmation issues

BUSINESS RESTRUCTURINGS

• Asset and business sales
• Business reorganizations and financial restructurings
• Capital raising from traditional and non-traditional sources
• Foreclosures
• Loan documentation
• Loan workouts, re-financing packages and negotiations
• Receiverships
• Significant experience in commercial real estate, transportation, construction and food industries

CREDITORS’ RIGHTS

• Bankruptcy
• Foreclosures
• Fraudulent transfers
• Litigation, including hearings, trials and appeals
• Loan and loan modification preparation
• Loan workouts and negotiations
• Receiverships
• Replevin
• Secured and unsecured creditors and lessors
• UCC2A and equipment finance leases