Business Restructuring & Liquidations
Overview
“The team provides the best mix of willingness to collaborate with other counsel as is necessary while always having the expertise and resources to act as lead counsel.”
“The team provides the best mix of willingness to collaborate with other counsel as is necessary while always having the expertise and resources to act as lead counsel.”
“The team is very good, always responsive, reliable and well-versed in local rules as well as the federal code.”
- Chambers USA 2021
Bayard’s expertise in Delaware restructuring and insolvency matters emanates from decades of experience with Delaware’s preeminent Bankruptcy Court and other courts, in addition to out of court resolutions. Our commitment to providing the highest quality legal services and our deep understanding of all Delaware courts that address restructuring and insolvency has earned Bayard the trust of clients in every business sector.
Bayard’s role in major, high-profile bankruptcy and restructuring proceedings includes representing debtors, creditors’ committees, trustees, asset purchasers, financial institutions, equity holders, and others. Our bankruptcy counsel has been relied upon by corporations from a variety of industries, such as those facing mass tort litigation, insolvent insurance companies, airlines, financial service providers, healthcare, communications technology, retail or restaurant chains, and all manner of corporate or commercial enterprises.
The breadth of Bayard’s bankruptcy experience and our collaborative approach enables us to serve as lead counsel or to work alongside co-counsel or general counsel. What sets Bayard apart is our deep knowledge base, commitment to each matter, and agility in handling a comprehensive range of corporate issues.
The bankruptcy or insolvency of a company introduces its board of directors and officers to pressures not typically encountered in the normal course of business. Our nationally recognized team of bankruptcy lawyers uses their unparalleled experience to provide reliable guidance and levelheaded counsel in the most challenging environments. Bayard’s mastery of bankruptcy and insolvency law and procedure extends to both the United States Bankruptcy Court for the District of Delaware (and its appellate courts) and Delaware’s Court of Chancery.
Further supporting Bayard’s own formidable legal talent and resources is our association with Meritas, an invitation-only global network of outstanding independent law firms that maintain the highest standards of excellence. Bayard is Delaware’s only Meritas member firm, giving us immediate access to attorneys in 175 of the most experienced law firms in 80 countries.
Recognized by 2023 U.S. News “Best Law Firms” in nine practice areas, Bayard’s tiered ranking marks our unique blend of superior legal skill and the comprehensive breadth of our expertise. Bayard’s bankruptcy group is also honored by 18 years of consecutive inclusion in Chambers and Partners’ annual ranking of the finest law firms, recognizing three firm directors as outstanding practitioners of bankruptcy and restructuring law.
Click here to view the Delaware Bankruptcy Court local rules
Bayard’s role in major, high-profile bankruptcy and restructuring proceedings includes representing debtors, creditors’ committees, trustees, asset purchasers, financial institutions, equity holders, and others. Our bankruptcy counsel has been relied upon by corporations from a variety of industries, such as those facing mass tort litigation, insolvent insurance companies, airlines, financial service providers, healthcare, communications technology, retail or restaurant chains, and all manner of corporate or commercial enterprises.
The breadth of Bayard’s bankruptcy experience and our collaborative approach enables us to serve as lead counsel or to work alongside co-counsel or general counsel. What sets Bayard apart is our deep knowledge base, commitment to each matter, and agility in handling a comprehensive range of corporate issues.
The bankruptcy or insolvency of a company introduces its board of directors and officers to pressures not typically encountered in the normal course of business. Our nationally recognized team of bankruptcy lawyers uses their unparalleled experience to provide reliable guidance and levelheaded counsel in the most challenging environments. Bayard’s mastery of bankruptcy and insolvency law and procedure extends to both the United States Bankruptcy Court for the District of Delaware (and its appellate courts) and Delaware’s Court of Chancery.
Further supporting Bayard’s own formidable legal talent and resources is our association with Meritas, an invitation-only global network of outstanding independent law firms that maintain the highest standards of excellence. Bayard is Delaware’s only Meritas member firm, giving us immediate access to attorneys in 175 of the most experienced law firms in 80 countries.
Recognized by 2023 U.S. News “Best Law Firms” in nine practice areas, Bayard’s tiered ranking marks our unique blend of superior legal skill and the comprehensive breadth of our expertise. Bayard’s bankruptcy group is also honored by 18 years of consecutive inclusion in Chambers and Partners’ annual ranking of the finest law firms, recognizing three firm directors as outstanding practitioners of bankruptcy and restructuring law.
Click here to view the Delaware Bankruptcy Court local rules
Team
Experience
DEBTORS
- American Blue Ribbon Holdings, LLC – co-counsel to debtor restaurant chain comprised of more than 170 locations. Oversaw reorganization of the same following the onset of the COVID-19 pandemic.
- Superior Air Charter, LLC – lead debtor’s counsel to FAA certified Part 135 charter air carrier, confirming a plan of reorganization within 4.5 months of filing and restructuring approximately $70 million of debt.
- Charlotte Russe, Inc. – Co-counsel to specialty clothing and accessories retailer in its chapter 11 process including going out of business and sales of substantial assets under section 363 of the Bankruptcy Code.
- Kettner Investments, LLC – Lead debtor’s counsel to long-term equity investor in companies engaged in the legal hemp industry and pharmaceutical drug and medical tests development, including tests for the COVID-19 virus.
COMMITTEES
- Insys Therapeutics, Inc. – Co-counsel to unsecured creditors committee in first opioid related pharmaceutical company bankruptcy which resulted in liquidation of company, confirmation of a chapter 11 plan and creation of a liquidation trust to pursue recoveries for creditors.
- GNC Holdings, Inc. – Co-counsel to unsecured creditors committee for specialty health and wellness retailer during chapter 11 case where the debtors' assets were sold, followed shortly by confirmation of a chapter 11 plan. Following confirmation, co-counsel to liquidating debtors and plan administrator in winding down and administering plan assets.
- LifeCare Holdings, Inc. – Co-counsel to unsecured creditors committee in hospital bankruptcy which included multiple sales of assets under section 363 of the Bankruptcy Code followed by confirmation of a liquidating plan.
- Endeavour Operating Corp. – Co-counsel to unsecured creditors committee for independent oil and gas exploration and production company.
Trustee Representations & OTHER SIGNIFICANT Representations
- Mallinckrodt – Co-counsel to indenture trustee for $1.6 billion Senior Notes in opioid bankruptcy.
- American Remanufacturers, Inc. – Co-counsel to Chapter 7 Trustee for the estate of auto parts supplier.
- Boy Scouts of America – Co-counsel to significant insurer in mass tort bankruptcy.
- Energy Futures Holding Corp.– Co-counsel to largest fulcrum unsecured creditor in complex contested reorganization.
ADDITIONAL PARTIES IN OTHER INSOLVENCY & DISSOLUTION PROCEEDINGS
- AE Light Metal Casting Georgia, Inc. – Co-counsel to indenture trustee for $1.6 billion Senior Notes in opioid bankruptcy.
- Preferred Communication Systems, Inc – Co-counsel to Chapter 7 Trustee for the estate of auto parts supplier.
Insights
Delaware Bankruptcy Judge Goldblatt Issues Opinion Regarding Third-Party Releases
- Legal Updates
LEGAL UPDATES
Where’s the Rent? Statutory and Contractual Payment Excuses in Pandemic Bankruptcies
- Publications
PUBLICATIONS
Delaware Bankruptcy Court Confirms Plan of Reorganization of American Blue Ribbon Holdings, LLC, et al.
- Legal Updates
LEGAL UPDATES
News