Our Approach Commercial Bankruptcy & Restructuring                     PDF
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Navigating through the difficult and complex process of insolvency is at the core of the Shaw Gussis bankruptcy and restructuring practice. We strive to assist our clients in finding the most efficient and effective ways to deal with their financial situations, avoiding formal bankruptcy cases when possible, including working with our clients to resolve their issues through out-of-court workouts and crisis management.


Whether representing a debtor-in-possession or a secured creditor, our team brings the depth of experience traditionally found only at the largest firms. This extensive experience, combined with a cost-effective and efficient approach, enables us to represent large corporations and financial institutions as well as smaller closely-held businesses throughout the United States. We have a deep understanding of the expectations of all constituents in an insolvency situation or bankruptcy case. As a result, we are well positioned to develop creative solutions and reach favorable results for our clients in any given situation, whether representing debtors, creditors, or other parties that are dealing with debtors.


A unique feature of our practice is our representation of financially distressed businesses involved in all situations and roles. Our representation includes:


  • Debtors-in-possession
  • Trustees
  • Financial Institutions
  • Creditors
  • Creditors’ and Equity Committees
  • Bondholders
  • Asset Purchasers
  • Landlords
  • Plan Agents


In bankruptcy and reorganization cases, receiverships, out-of-court workouts and all forms of insolvency-related litigation, we work with our clients to achieve a positive outcome in their difficult financial situations. Our representation covers a wide range of industries including manufacturing, retail, financial, real estate, health care, automotive, service, entertainment and telecommunications.


Reorganization – Shaw Gussis attorneys are experienced representing all parties involved in a Chapter 11 reorganization. They regularly represent debtors-in-possession as well as secured and unsecured creditors, creditors’ committees and trustees.


Liquidation – Many insolvencies result in the liquidation of the assets of the entity in financial distress. Whether through liquidating Chapter 11 cases, Chapter 7 cases, assignments for the benefit of creditors or foreclosures, we have extensive experience in these situations.


Crisis Management – When an unexpected event threatens to harm a business, measures need to be taken to identify, assess, understand, and cope with the situation. Our attorneys have extensive experience working with our clients as they deal with these difficult situations.


Litigation - The concentration of practitioners in the area of commercial bankruptcy and workouts, combined with litigators who have substantial “hands on” trial experience, is a unique Shaw Gussis feature normally only found at the largest law firms. Our bankruptcy litigation experience includes, but is not limited to, contested use of cash collateral, modification of the automatic stay, commercial debt collection, preferences, fraudulent conveyances and the purchase and sale of assets.


Out-of-Court Workouts – Often, it is more advantageous to a business to choose an out-of-court workout instead of filing for bankruptcy. Our bankruptcy practitioners are experienced in working with all of the involved parties to find creative solutions outside of bankruptcy.