Best & Flanagan


Bankruptcy & Creditor Remedies: Workouts & Restructurings

Best & Flanagan is involved in a broad range of financial restructuring. Because we represent both creditors and businesses (as creditors and debtors), we are able to quickly identify when a commercial entity can be restructured in order to restore value for owners, investors and creditors, as well as to distinguish and seize potential windows of opportunity for our client. We consistently deliver much needed solutions to financially distressed businesses, developers, investors and lending institutions, as well as to opportunist acquirers and investors.

We work with businesses to renegotiate the terms of their financing agreements, reduce debt and restructure operations. Within a bankruptcy proceeding, we negotiate and document:

  • Cash collateral orders
  • Post-petition financing agreements
  • Automatic stay matters
  • Debt restructuring
  • Preference and fraudulent conveyances
  • Section 363 sales
  • Assumption/rejection of real estate and other leases
  • Reclamation claims
  • Plan and disclosure statements
  • Plan confirmation proceedings
  • Risk mitigation

We provide expertise in navigating through even complicated workouts and restructurings involving commercial, residential and mixed use real estate properties, as well as commercial and industrial businesses. Our team has a flair for converting turmoil into favorable outcomes for businesses and creditors alike.