We regularly represent secured and unsecured creditors in small to large complex Chapter 11 cases, including financial institutions, landlords, lessors of personal property, manufacturers, distributors, and asset purchasers. We are particularly experienced in litigating complicated preference, fraudulent transfer, and other avoidance issues.
Our team represents creditors in out-of-court workouts and restructurings, distressed sales, and foreclosure proceedings. The group’s experience in bankruptcies and non-judicial workouts covers a wide variety of industries, including fashion and luxury brands, health care, real estate, motor vehicle, manufacturing, service, financial services, and technology.
Members of our team appear in bankruptcy and district courts and courts of appeal throughout the nation. In recent years, we have served as lead counsel on matters in bankruptcy courts in Illinois, Indiana, Michigan, California, Massachusetts, Delaware, New York, Texas, Missouri, and Florida.
BFKN is highly skilled in representing lenders holding debt principally secured by income-producing real estate. Our bankruptcy and real estate attorneys frequently work on these matters together to represent clients involved in restructuring loans secured by leases of apartment complexes, shopping centers, industrial buildings, and office projects.
Our attorneys possess decades of experience across a wide range of industries. We have obtained outstanding recoveries as well as minimized liabilities on behalf of many clients. Our clients value our approach to designing creative strategies with positive outcomes, and our record of success is indicative of our experience, creativity, and diplomacy in such sensitive matters.
Practice Contact
- Partner312.984.3127
- Sephora USA, Inc.’s Interests in J.C. Penney BankruptcyRepresented Sephora in J.C. Penney’s chapter 11 bankruptcy cases, including pre-bankruptcy contract considerations, in issues related to J.C. Penney’s treatment of the Sephora’s “store in store” agreement covering 600 locations nationally, and payment of claims in full.
- Motion IndustriesRepresented Motion Industries in all aspects of creditor rights protection in the chapter 11 bankruptcy of Dean Foods, including negotiation of rights as a “critical vendor,” successful prosecution of six-figure administrative priority claims, and consultation on the plan and sale process involving Motion’s supply contract.
- Lender CounselRepresented lender through broad-ranging life cycle of distressed borrower. BFKN advised the client in connection with exit financing for a chapter 11 debtor. After maturity and default, BFKN’s litigators handled a quick foreclosure process, which turned into a new chapter 11 bankruptcy filing by the borrower on the eve of a summary judgment hearing.
- Financial InstitutionRepresent financial institution through life cycle of complex affiliated chapter 11 cases involving multiple affiliated corporate entities and their common shareholder.
- Landlord CounselRegularly serve as landlord counsel for bankruptcy, reorganizations, and out-of-court liquidations. This includes in small to “mega” chapter 11 bankruptcies, such as Party City, Buyk, Pier 1, Chuck E. Cheese, Shilo Industries, Stein Mart, and GNC cases.
- Suppliers & ManufacturersRegularly represent suppliers and manufacturers in national bankruptcy cases covering myriad creditor issues.
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