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The lawyers in the Group have a long track record of efficiently and effectively representing official committees of unsecured creditors in Chapter 11 bankruptcies. Because we are well-versed in advocating for creditors’ committees, our lawyers often capture value for unsecured creditors that otherwise would go to other constituents in the case.
The firm’s focus in committee engagements is to create a legal structure that will result in a fair opportunity for the general unsecured creditors to share in the recovery, even in the most challenging of cases. Often this effort entails approaching secured lenders, purchasers of assets, and other constituents in the case to negotiate for a recovery, being keenly focused on the need to convince parties of the benefits of a reasoned and constructive approach. When the representation of a committee requires litigation and advocacy, such as when it is necessary to take a firm stance in opposition to a proposed debtor-in-possession financing facility or sale transaction, we are prepared and experienced.
We also have broad experience in reviewing and analyzing business decisions leading to distressed situations, with the two-fold goal of keeping the players honest to promote maximization of value for creditors, and identifying whether potential causes of action (including those that may be paid through insurance) are available to unsecured creditors.
Womble Carlyle is a full service law firm with integration between practice areas, with a deep bench of experienced litigation and banking professionals to handle litigation as needed.