The best illustration of Alston & Bird’s capabilities rests in the broad range of representative matters that its Bankruptcy, Workouts & Reorganization Group has handled and the skills of its attorneys. We have accomplished negotiators and seasoned litigators, in a practice area where strong litigation skills are unusual. We also have excellent transactional attorneys in our group who are skilled in negotiating and documenting deals from the financial side. Utilizing these abilities, our group has represented debtors, creditors’ committees, financial institutions, secured and unsecured creditors, “stalking horse” asset purchasers and other parties in interest in major bankruptcy cases in jurisdictions across the United States and internationally; numerous financial institutions and fiduciaries in complex litigation; and numerous lenders, master services, special servicers, agents and participants in connection with workouts, restructurings, bankruptcy filings, receivership appointments and foreclosures. Alston & Bird also serves as national bankruptcy counsel to many large companies and financial institutions, including The Prudential Insurance Company of America, Pacific Life Insurance Company, InterContinental Hotels and Meadowbrook Meat Company , among others.
The following are some of Alston & Bird’s other relevant bankruptcy representations.
Debtor & Fiduciary Representations
Alston & Bird’s Bankruptcy, Workouts & Reorganization Group has extensive experience advising clients through complex financial, operational and litigation-driven restructurings throughout the United States. In addition, we regularly help numerous domestic and international clients successfully achieve their restructuring goals in industries ranging from health care service providers to an international satellite launch operator. Alston & Bird’s expertise has earned it a reputation for providing top-notch advice and judgment in its client representation, as well as numerous awards, including a Turnaround Atlas Award in the technology, media and telecom industry category at the Global M&A Network’s Annual Gala (2011) and the “Cross-Border Transaction of the Year” from the Association for Corporate Growth (2011) relating to the firm’s role in managing the Chapter 11 reorganization and $2.3 billion debt restructuring for commercial satellite launch service provider Sea Launch.
Alston & Bird’s Bankruptcy, Workouts & Reorganization Group regularly represents and advises statutory and ad hoc committees in Chapter 11 cases. Alston & Bird’s representations of Official Committees of Unsecured Creditors have focused on health care businesses, resort hotels, manufacturers, service industries and real estate. Alston & Bird has also advised Official Committees of Equity Security Holders and Retiree Committees.
Alston & Bird regularly represents banks, non-traditional lenders, financial institutions, servicers, special servicers and indenture trustees with respect to loan restructures and workouts on a national scale and provides loan portfolio maintenance advice. The primary focus of these representations involve assisting and advising the client with respect to managing, servicing and resolving distressed or defaulted loans in connection with default enforcement, workouts, restructurings, remedy enforcement and bankruptcy. In addition to advising clients with respect to particular loans or loan portfolios, our group regularly advises national and international servicers and special services in connection with their analysis and fulfillment of the Applicable Servicing Standard and out-of-court negotiations.
Indenture Trustee Representations
The Bankruptcy, Workouts & Reorganization Group has an experienced team of lawyers whose primary focus is the representation of financial institutions that provide corporate trust and agency services in structured finance and other capital markets transactions. A key advantage we offer clients is our breadth of expertise and experience. We regularly advise our clients in all aspects of transaction administration in and out of bankruptcy court, and the group has spent significant time over the last several years representing various parties in connection with workouts, restructurings and bankruptcies in the senior living space, specifically continuing care retirement communities.
The attorneys in Alston & Bird’s Bankruptcy, Workouts & Reorganization Group have represented numerous parties in distressed M&A sales and acquisitions in what are commonly referred to as “363 Sales” in Chapter 7, 11 and 15 cases. Whether it is representing the debtor/seller that’s trying to maximize value for its creditors or the buyer trying to acquire assets from a distressed seller, Alston & Bird’s experience is extensive and invaluable.
The attorneys in Alston & Bird’s Bankruptcy, Workouts & Reorganization Group regularly represent clients in connection with complex commercial litigation, especially matters involving fiduciary duties, investigations, examinations, fraudulent conveyances and more traditional bankruptcy litigation involving preferential transfers.
- Four of our partners are fellows in the American College of Bankruptcy, including the former chair and a current member of the Board of Regents. One is the president of the Association of Insolvency and Restructuring Advisors, and two are active directors of the Southeastern Bankruptcy Law Institute, one of whom is the president of that organization.
- Our partners have been identified as leading practitioners by Chambers and Partners. The most recent Chambers USA guide—in which we’re ranked in the highest “band,”—says this about Alston & Bird’s bankruptcy team: “You're not going to find a better group of partners than at Alston. It is the gold standard.”
- The group achieved top rankings in the 2012 edition of The Best Lawyers in America for both the New York and Atlanta markets. Additionally, four of the group’s attorneys were individually highlighted.
- Alston & Bird’s expertise has earned it a reputation for providing top-notch advice and judgment in its client representation, as well as numerous awards, including a Turnaround Atlas Award in the technology, media and telecom industry category at the Global M&A Network’s Annual Gala (2011) and the “Cross-Border Transaction of the Year” from the Association for Corporate Growth (2011) relating to the firm’s role in managing the Chapter 11 reorganization and $2.3 billion debt restructuring for commercial satellite launch service provider Sea Launch.