We pride ourselves on working proactively to advise on mitigating bankruptcy risks in structuring mergers, financings, acquisitions and settlements. Our collective experience allows us to anticipate insolvency issues and address them through transaction analysis and deal structuring.
Our team provides services to all stakeholders in distressed business scenarios, including:
In Chapter 11 cases, we have helped corporate debtors to re-organize and emerge as productive entities by placing an emphasis on finding creative and cost-effective solutions to their problems, including introductions to potential financing sources, equity partners, and buyers.
DISTRESSED MERGERS & ACQUISITIONS
Foley Hoag provides distressed M&A services to parties interested in purchasing assets from, making investments in, or obtaining control of financially troubled entities. We have assisted clients in successful section 363 auctions and sales, as well as investments through plans of reorganization. Attorneys in our Bankruptcy & Restructuring practice have the negotiation and transactional skills necessary to reach and close deals in difficult, often time-constrained circumstances.
In our representations of creditors’ committees, we provide intensive analyses of the debtors’ financial prospects, with the goal of negotiating a feasible and realistic plan of reorganization. As counsel for creditors’ committees and liquidating trustees, Foley Hoag has employed its litigation experiences to prosecute and defend adversary proceedings involving:
GENERAL CREDITOR REPRESENTATION
Our attorneys represent debtor-in-possession lenders, asset-based lenders, strategic lenders and exit finance lenders in court procedures and out-of-court restructurings. To avoid the transaction costs that would otherwise be incurred in court proceedings, we have represented secured creditors in negotiating and documenting forbearance agreements and loan modifications. We have a track record of fashioning creative solutions for even the most problematic defaulted loans, including workouts involving deeds-in-lieu-of-foreclosure, cash-flow mortgages, and equity participations.
We also have a robust opinion practice in all areas of debtor-creditor law, including equitable subordination, true sale and non-consolidation issues.
Our bankruptcy and restructuring team includes experienced litigators who regularly try complex insolvency-related and other business cases in federal and state courts. We represent:
In the technology and life sciences contexts, many of our clients express concern about the financial viability of entities involved in intellectual property and other licensing transactions. We analyze the risks inherent in such situations and assist our clients in negotiating licenses and other agreements that will protect their rights to the fullest extent possible in the event of a bankruptcy by the counter-party.
PURCHASERS IN DISTRESSED MERGERS & ACQUISITIONS
GENERAL CREDITOR REPRESENTATIONS