Bankruptcy and Financial Restructuring Practice Overview

The strength of Porzio, Bromberg & Newman’s Bankruptcy, Financial Restructuring and Creditors' Rights practice lies in our diverse background and ability to handle a broad variety of types and sizes of representations.  Whether restructuring companies in financial distress, assisting clients in multi-national insolvency related litigation, or helping creditors understand their rights when business partners file for bankruptcy, our breadth of experience allows us to meet each client's individual needs.  Our attorneys are licensed in New Jersey and New York, and are frequent authors and lecturers on various insolvency related topics.

In addition to our general restructuring practices, we work in the following niches:

 

Casino & Gaming Industry

The recent economic climate has rendered the casino and gaming industry a particularly volatile environment. Porzio has become well-known for our bankruptcy and restructuring expertise in this rapidly evolving industry. Our expertise ranges from the representation of casino resorts in bankruptcy filings, liquidation and restructuring matters, to displaced casino amenity tenants.  

In addition to our wide range of complementary practice areas – including Real Estate, Land Use & DevelopmentEnvironmental Law and Employment & Labor – Porzio also features the unique advantage of access to Porzio Governmental Affairs, LLC ("PGA"), a wholly-owned subsidiary of the firm. PGA is one of the New Jersey's leading lobbying firms, consistently ranked within the top five firms of the state, and experts in the New Jersey gaming industry. This unique relationship affords the Bankruptcy & Financial Restructuring Team accessibility and visibility with State Government that few others have been able to achieve. 

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Creditor Committees

We have extensive experience representing official and ad hoc committees of creditors in both in-court and out-of-court restructurings.  We take pride in our collaborative approach in representing creditor committees, and we strive to understand the creditors' business concerns in order to develop an appropriate strategy.  As an example, the highest possible dividend on outstanding claims is not always as important as the continuing business relationships.  Accordingly, we adjust our strategy and approach based upon the facts of each case to achieve the best results in an efficient and cost-effective manner.

Healthcare Industry

Porzio has extensive experience achieving our clients' goals in the distressed healthcare industry.  Our attorneys represent hospitals and medical service providers in bankruptcy proceedings, as well as out-of-court restructurings.  We have represented struggling nursing home operators and numerous creditor committees in both hospital and nursing home cases.  We have also represented parties purchasing healthcare assets out of bankruptcy proceedings.

Porzio has been a leading advisor to the healthcare industry for over 40 years.  As appropriate, our Bankruptcy & Financial Restructuring attorneys also work with lawyers from the Life Sciences practice group to provide the most thorough counsel possible for any healthcare financial restructuring project.

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Insolvency-Related Litigants

Our attorneys frequently represent estates, including as special litigation counsel, in order to recover assets in various types of insolvency related litigations, such as fraudulent transfer, fiduciary duty and preference actions.  Additionally, we represent creditors and other defendants who are the targets of such litigation. 

International Liquidators

Given the ever increasing importance of international business, US-based insolvency proceedings often impact parties in foreign countries.  We have significant experience representing foreign liquidators pursuing claims against US-based debtors, as well as in any related litigation.   

Life Sciences Companies

If you discover that one of your vendors, customers or business partners is experiencing financial distress, the bankruptcy attorneys in Porzio's Life Sciences Industry Group can assist your company in understanding its rights and developing a strategy.  For example, you may have questions about pursuing claims, continuing to ship products, minimizing business disruption or entering into new contracts.  We will work with you to develop a plan of action to achieve your stated goals in an efficient and cost-effective manner.

Oil & Gas, Mining & Metals Companies

Porzio, Bromberg & Newman, P.C. has served the oil and gas industry for decades.  Casework within this field has spanned the spectrum from corporate formation and restructuring, private placements and public offerings, environmental legal advice, property sale and leasing, contract review, mergers and acquisition, land use approvals, and trademark, patent and intellectual property disputes.

To confront today's challenges facing the industry, Porzio Bankruptcy and Financial Restructuring attorneys have teamed up with leading energy practitioners.  As appropriate, we work with lawyers from other relevant practice groups, including the Environmental, Corporate Litigation, Intellectual Property and Real Estate practice groups, all of which provide the expertise necessary any energy industry financial restructuring project.

Representative Casework:

  • $600M auction of a privately held natural gas production company
  • $400M strategic alternatives evaluation for the Board of Directors of a publicly traded company
  • $400M sale of a privately held natural gas production company
Other Parties-In-Interest
We have the experience to assist lenders, asset purchasers, equipment lessors/financing companies and other parties, such as landlords, with their respective business issues when a counterparty experiences financial distress.