Bankruptcy & Restructuring
Applying insolvency law expertise and diverse skills to protect our clients’ interests.
In bankruptcy cases and a myriad of other settings where the solvency of a party is an issue, the firm’s interdisciplinary practice leverages the firm’s strong depth of talent in bankruptcy and creditors’ rights, lending, litigation, private equity and securities, real estate, and healthcare.
Diverse Bankruptcy Experience
Our attorneys have considerable experience handling engagements for every kind of constituency participating in business bankruptcy cases, including:
- Official committees of creditors and informal creditor groups
- Litigation and liquidation trustees
- Institutional lenders
- Equipment lenders and lessors
- Private equity funds
- Asset purchasers
- Trade creditors
- Landlords and lessors
- Debtors in possession
- Owners and managers of Chapter 11 debtors
- Unions
- Avoidance action defendants
- Purchasers and sellers of bankruptcy claims and loans to distressed companies
Healthcare Industry Focus
The firm has particularly strong experience in bankruptcy cases in the healthcare industry. Martin Bunin and other Farrell Fritz attorneys have represented numerous official committees of unsecured creditors and owners and management groups in bankruptcy cases of hospitals, nursing homes, and other healthcare providers. Working with the firm’s corporate practice group, our bankruptcy lawyers have counseled institutions that have acquired healthcare businesses through bankruptcy asset sales.
Beyond Bankruptcies
Just as frequently, Farrell Fritz handles engagements in insolvency matters outside the bankruptcy context, such as:
- Loan workouts
- Access to capital or refinancing outside of a bankruptcy
- UCC Article 9 sales
- Prosecuting and defending commercial mortgage loan foreclosures
- Obtaining and enforcing money judgments
- Winding down of insolvent businesses without bankruptcy relief
- Receiverships
- Assignments for the benefit of creditors
Our attorneys:
- Counsel lenders, including commercial banks, real estate funds, REITs, indenture trustees, and investors in distressed situations, with respect to defaulted loans, loan restructurings, and workouts both in and out of bankruptcy.
- Represent buyers and sellers in their acquisition or disposition of distressed real estate and other assets.
- Help clients mitigate risk when entering into transactions with parties that could become insolvent.
Professionals
Articles & Advisories
Governor Cuomo Signs the COVID-19 Emergency Protect Our Small Businesses Act of 2021 Establishing Eviction and Foreclosure Protections For Small Businesses
Governor Andrew M. Cuomo this week signed the COVID-19 Emergency Protect Our Small Business Act of 2021 (S471A/A3207) (the “Act”),…
March 15, 2021
Exiting Bankruptcy
A number of retailers that filed for Chapter 11 bankruptcy in the early months of the COVID-19 crisis are now…
August 31, 2020
To Be (Held in Contempt) or Not To Be? That Is the (Bankruptcy) Question
Recently, the United States Supreme Court in Taggart v. Lorenzen set the legal standard that should be followed by bankruptcy…
December 12, 2019
Who’s Who in Women in Professional Services – Kristina M. Wesch
Kristina M. Wesch is a partner in the law firm of Farrell Fritz, P.C., with New York offices in Uniondale,…
August 25, 2017
Marijuana and Bankruptcy? Not Really
Reprinted with permission by the LJN Law Journal, the Bankruptcy Strategist®, January 2016. (ALM publications) The legalization of marijuana for…
February 05, 2016
RadioShack Case Examines Treatment of Gift Cards in Bankruptcy
Posted with permission from Nassau Lawyer, December 2015 |Vol. 84 | No.4 The holiday season is upon us. Shoppers everywhere…
December 17, 2015
Bankruptcy Basics: Employee Wage Motions in Chapter 11 Cases
A company’s decision to file for chapter 11 bankruptcy protection will inevitably cause disruption to the debtor’s operations, communications and…
September 01, 2015
Eastman Kodak: Simultaneous Assumption and Assignment of Real Property Leases Under the Bankruptcy Code
January 06, 2015
News
Investment Firm Backs Bed Bath & Beyond’s Stock Offering
Patrick Collins was quoted in a New York Times article regarding Bed Bath & Beyond’s stock offering which allows them…
February 08, 2023
Party City Files for Bankruptcy. Why the Party Isn’t Over for Other Retailers.
Farrell Fritz Partner Patrick Collins shared his thoughts with Barron’s in coverage of Party City’s recent bankruptcy filing. Read more…
January 20, 2023
Bed Bath & Beyond’s Warning Signs Have Been Flashing for Almost a Year, Report Says
Farrell Fritz Partner Patrick Collins shared his insights with Barron’s regarding the potential bankruptcy filing at Bed, Bath and Beyond. Bed Bath & Beyond…
January 20, 2023
It may be too late for Bed Bath & Beyond
Farrell Fritz Partner Patrick Collins was quoted in a recent article in The Washington Post regarding the continued struggles of…
January 17, 2023
Robert Creighton Featured in “What We’ll See in ’23”
Robert C. Creighton, Managing Partner of Farrell Fritz, shared his insights in a recent Long Island Business News feature, “What…
January 10, 2023
Retail Bankruptcies’ Appeal to Investors
As bankruptcy attorneys look ahead to more bankruptcy filings in the year after the current lull, they anticipate that companies…
March 03, 2021
U.S. Bankruptcy Tracker: Brazos Bust Spotlights Texas Menace
Last week saw more real estate and hospitality firms seek court protection from creditors. The Williamsburg Hotel, which offers views of…
March 02, 2021
Men’s Wearhouse Owner Seeks New Lifeline After Bankruptcy Exit
Men’s Wearhouse owner Tailored Brands Inc. is seeking a lifeline to help it stay afloat less than three months after it emerged…
March 01, 2021
Francesca’s Files for Bankruptcy, Pursues a Sale
Francesca’s, which has struggled for years amid declines in apparel demand and mall traffic, already has a potential new owner.…
December 04, 2020
J.C. Penney Lender Fight Shows Competing Bankruptcy Interests
“It’s an argument for whether you can sell outside the [Chapter 11] plan before minority lenders [arguably] have a chance…
October 28, 2020
Press Releases
Farrell Fritz Receives Tier 1 Ranking in 2023 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the 11th consecutive year, the firm has received a Tier 1 Ranking…
November 03, 2022
22 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 22 attorneys selected to the 2022 New York Metro Super Lawyers and New…
September 29, 2022
21 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 17 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2023.…
August 18, 2022
Jason A. Little Joins Farrell Fritz as Corporate Counsel
Farrell Fritz is pleased to welcome Jason A. Little to its Albany office as corporate counsel. Jason’s practice also includes…
July 27, 2022
Farrell Fritz Receives Tier 1 Ranking in 2022 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the tenth consecutive year, the firm has received a Tier 1 Ranking…
November 04, 2021
27 Farrell Fritz Attorneys Recognized as 2021 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 27 attorneys selected to the 2021 New York Metro Super Lawyers and New…
September 30, 2021
17 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 12 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2022.…
August 19, 2021
Farrell Fritz Receives Tier 1 Ranking in 2021 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the ninth consecutive year, the firm has received a Tier 1 Ranking…
November 05, 2020
30 Farrell Fritz Attorneys Recognized as 2020 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 30 attorneys selected to the 2020 New York Metro Super Lawyers and New…
November 04, 2020
18 Farrell Fritz Attorneys Recognized as 2021 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates twelve attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2021.…
August 20, 2020
Pro Bono
Consumer Bankruptcy Project of the City Bar Justice Center
Marty Bunin is a bankruptcy partner in our New York City office. While focusing on business bankruptcy in his regular…
July 24, 2017
On Demand Webcasts
Restructuring Options in Provider Healthcare
Farrell Fritz counsel Marty Bunin will be a panelist for an Expert Webcast video roundtable on “Restructuring Options in Competitive Healthcare.” Panelists…
February 27, 2019