Bankruptcy, Financial Restructuring & Creditor’s Rights
Strategic insight. National experience. Proven results.
Trusted by leading financial institutions. Respected by bankruptcy courts. Relied upon for predictable, cost‑effective solutions.
Couhig Partners’ attorneys represent commercial and consumer lenders, financial institutions, equipment lessors, bondholders, and other creditors in restructuring, insolvency, and bankruptcy‑related matters nationwide. We prioritize understanding each client’s business, industry, and strategic goals, an approach that informs how we structure reorganizations, negotiate workouts, loan modifications, and pursue recovery of creditor claims.
Our attorneys bring decades of experience in:
- Business and consumer bankruptcy, financial restructuring, and creditors’ rights services
- Complex commercial and consumer litigation
- Distressed‑asset transactions
We counsel secured and unsecured creditors, trustees, committees, lenders, and loan servicers through every stage of bankruptcy, out‑of‑court restructurings, and enforcement. Our team also handles specialized foreclosure, collateral recovery, and lease‑termination matters for maritime financiers, floor‑plan lenders, manufacturers of heavy equipment and vehicles and other secured creditors.
HOW WE HELP
Bankruptcy, Restructuring & Creditors’ Rights Practice Areas
Couhig Partners’ attorneys assist financial institutions, lenders, servicers, equipment lessors, bondholders, and commercial creditors to navigate the full spectrum of distressed loans and leases, and in the defense of actions brought by bankruptcy trustees and debtors in possession. Our approach is grounded in strategic assessment, practical judgment, and decades of national bankruptcy experience.
Corporate Restructuring
When a business faces financial instability, the right restructuring strategy can preserve value and avoid unnecessary litigation. We advise creditors and stakeholders on reorganizations, recapitalizations, and operational restructuring. Our team evaluates the debtor’s financial condition, identifies leverage points, and develops strategies that protect both short and long-term creditor interests.
Pre‑Workout Modifications
Early intervention often prevents a distressed loan from escalating into litigation or bankruptcy. We negotiate and document loan modifications that address payment issues, covenant breaches, and liquidity challenges. Our goal is to stabilize the relationship between lender and borrower while preserving collateral value.
Forbearance Agreements
A well-structured forbearance agreement can provide borrowers breathing room while protecting creditor’s rights. We craft agreements that define milestones, reporting obligations, and remedies, ensuring lenders maintain appropriate control while borrowers work to correct course.
Debt Restructuring
We assist creditors in negotiating repayment terms, collateral enhancements, and restructuring frameworks designed to maximize recovery. Our team understands the financial, operational, and legal dynamics that drive successful restructurings.
Special Assets
For both commercial and consumer lenders with distressed or non‑performing portfolios, we provide targeted strategies for workouts, enforcement, and asset recovery. This includes complex matters involving floor‑plan lenders, maritime financiers, and captive finance companies.
Bankruptcy Proceedings
DIP Financing: DIP financing and restructuring negotiations require swift action and precise documentation. We advise lenders on structuring DIP loans, protecting collateral, and navigating the unique risks associated with financing a debtor during bankruptcy.
Preference, Fraudulent Transfer & Other Avoidance Actions: We defend creditors against preference, fraudulent‑transfer and other avoidance claims brought by trustees or debtors‑in‑possession. Our attorneys analyze payment histories, available defenses, and statutory safe harbors to minimize exposure.
Credit Bidding & Section 363 Sales: Distressed‑asset sales offer significant opportunities for lenders and buyers. We guide clients through credit bidding, stalking‑horse protections, bid procedures, and sale‑order negotiations to ensure a competitive and efficient process.
Bankruptcy Litigation: Bankruptcy litigation often determines the outcome of a restructuring. We handle contested matters, adversary proceedings, lien disputes, stay‑relief motions, and valuation fights. Our team brings decades of courtroom experience and a disciplined, strategic approach.
Creditors’ Rights & Enforcement
Collateral Recovery: We assist lenders and lessors in recovering collateral across industries, including maritime assets, heavy equipment, vehicles, and inventory. Our team handles replevin actions, sequestration, self‑help remedies, and post‑judgment enforcement.
Specialized Foreclosure: Certain industries require tailored foreclosure strategies. We represent floor‑plan lenders, equipment financiers, and commercial and consumer lenders in judicial and non‑judicial foreclosure actions, ensuring compliance with state and federal law.
Commercial Debt Recovery: We pursue recovery through demand, negotiation, litigation, and post‑judgment remedies. Our approach is efficient, business‑minded, and focused on maximizing return while minimizing cost.
Lease Enforcement: We represent equipment lessors and commercial landlords in enforcing lease obligations, recovering assets, and litigating disputes involving defaults, repossessions, and deficiency claims.
Distressed Asset Transactions
Stalking‑Horse Bidding: We represent stalking‑horse bidders in bankruptcy sales, negotiating bid protections, break‑up fees, and sale procedures that position clients for a successful acquisition.
Distressed‑Asset Acquisitions: Our attorneys guide buyers and lenders through the acquisition of distressed assets, whether through § 363 sales, receiverships, judicial sales or out‑of‑court transactions.
Letters of Credit: We represent clients in domestic and international transactions involving letters of credit, including credit enhancement for bond issues and cross‑border financing arrangements.
GET IN TOUCH
Talk With a Bankruptcy Lawyer
Financial distress requires decisive action. Couhig Partners provides the insight, judgment, and national experience needed to navigate complex restructurings and maximize creditor recovery. Led by Rudy J. Cerone—a Fellow of the American College of Bankruptcy and a certified specialist in Business Bankruptcy Law – our team offers clarity, responsiveness, and strategic guidance when it matters most.
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