Our Bankruptcy, Restructuring & Insolvency attorneys have a wealth of experience in representing ad hoc and official committees in bankruptcy cases for unsecured creditors, bondholders and other constituencies in a wide variety of contexts. We have represented committees in cases involving aggregate claims under $10 MM and in cases with aggregate claims in excess of $2.5 B.
When preparing for a committee representation, our attorneys will assess both the short and long-term matters the committee will want to take into consideration. We are accustomed to navigating the committee in their fiduciary roles in such matters and formulating strategies for the best plan based on the particular circumstances. We are also particularly adept in accommodating the preferences of members having multiple disparate interests into a single, unified approach.
In certain situations, committee activities may involve the prosecution of lawsuits against directors and officers of the debtor for breaches of fiduciary duties, self-dealing and fraudulent transfers, while other contexts may require close coordination between the committee, the debtor, senior lenders and/or other major interest groups. Since restructuring discussions typically begin between a debtor and its senior lenders (and/or regulatory authorities) and because an official committee is typically formed well after the discussions are in an advanced stage, a committee almost always requires fast and decisive action to evaluate the financial and operational landscape, other legal issues facing the debtor and whether the committee can dispute the enforceability of claims of greater priority, in order to maximize recoveries. The size of the Bankruptcy, Restructuring & Insolvency practice group and the broad-based experience of the attorneys in our group gives us the ability to quickly investigate the issues and provide the committee with a recommendation of the appropriate course of action to allow the committee to timely asserts its position.