Litigation

Bankruptcy & Business Reorganizations

When facing financial uncertainty and distress, Foley’s Bankruptcy & Business Reorganizations Practice will help you limit losses and enhance value. Whether from the vantage of creditors seeking to maximize recoveries or debtors navigating unique challenges, Foley will partner with you to establish a clear and effective path forward.

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With more than 60 restructuring professionals nationwide, Foley’s practice is among the largest and most robust in the nation, representing myriad creditor and debtor constituencies. Foley’s nationally recognized practice emphasizes practical solutions tailored to specific business needs.

Coupling business acumen and industry knowledge, Foley delivers thoughtful legal advice whether in a complex chapter 11, an out-of-court workout, state insolvency framework, creditors’ rights litigation, or strategic acquisition or divestiture. Foley will serve as your trusted advisor and work each step of the way to craft proactive strategies for loss mitigation and counterparty risk as well as realignment in financially distressed industries. We share your vision and understand your particular needs. This is why Foley has become the law firm of choice for many of the most difficult and challenging high-stakes restructuring matters in the United States.

Recognized by U.S. News – Best Lawyers® and by The Legal 500, our highly regarded attorneys will provide practical solutions tailored to specific business needs. Our signature strengths include the following:

Creditor Committee Representation

Protecting and promoting creditors’ rights in insolvency is a particular strength of our practice. We represent individual creditors in complex restructuring and insolvency litigation matters and counsel clients regarding both proactive and responsive solutions in distressed environments. Click here for more on our Creditor Committee Representation experience. 

Fiduciary Representation

We represent fiduciaries in all aspects of insolvency and debtor/creditor rights cases, including the representation of trustees in Chapter 7 and 11 cases; examiners in Chapter 11 cases; and plan administrators and liquidating trustees operating under court supervision. Click here for more on our Fiduciary Representation experience.

Indenture Trustee

We have a multidisciplinary corporate trust and bondholders rights team to address the range of issues confronted by indenture trustees and investors. We offer default counsel to corporate trustees (and sometimes investors in major cases throughout the United States) and often are called upon to serve alongside the trustees as members of creditors’ committees, and have represented creditors’ committees in bankruptcy and bond default cases throughout the United States. Click here for more on our Indenture Trustee experience.

Asset Acquisition

Our Bankruptcy & Business Reorganizations attorneys regularly advise lenders, borrowers, debtors, and unrelated potential purchasers on the sale or acquisition of distressed assets. Whether the sale takes place in or outside of the Chapter 11 process, we have a broad range of experience with developing and executing the strategic sale of assets. Click here for more on our Asset Acquisition experience.

Health Care Restructuring

Foley’s cross-disciplinary Health Care Restructuring attorneys serve the wide-ranging needs of health care entities across the country — from advising on insolvency proceedings to assisting in asset-acquisitions opportunities. Click here for more on our Health Care Restructuring experience.

Manufacturing

Foley has been a trusted advisor to leading U.S. manufacturers for more than 170 years — it is an industry we know well, and we understand that strategic priorities for U.S. manufacturers are rapidly changing. Click here for more on our Manufacturing related experience.