Find Lawyers in Idaho, United States for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
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Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law - IdahoAbout this Practice Area
Bob Faucher aggressively represents his clients to protect their claims and rights in bankruptcy cases and other commercial litigation. Bankruptcy and Creditors’ Rights. In his 31 years as a bankruptcy lawyer, Bob has played a significant role in hundreds of major bankruptcy cases in 18 different states, most often representing lenders. Bob also represents creditors seeking to recover indebtedness or collateral outside of bankruptcy, whether in lawsuits in the federal and state courts, ...
Randall A. Peterman specializes in bankruptcy, loan workouts, commercial litigation, lender liability defense, and agricultural lending. Mr. Peterman has extensive experience in representing commercial lenders and leasing companies, banks, and other financial institutions in bankruptcy and complex credit transactions. In his commercial litigation practice, he has represented lenders in defense of numerous lender liability claims and in dealing with various Uniform Commercial Code and real est...
Kersti Kennedy is an experienced attorney specializing in complex commercial litigation. She represents global, national, and local clients in diverse practice areas, including contract disputes, employment law, insurance coverage, credit recovery/foreclosure, corporate governance, defamation/First Amendment, successor liability, securities, business torts, construction, and arbitration/appraisal. She practices at the trial and appellate level and has argued before the Idaho Supreme Court. He...
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Definition
While some bankruptcy lawyers represent insolvent individuals, many corporate bankruptcy lawyers represent debtors, creditors, and groups of creditors in bankruptcy cases. When representing debtors, the bankruptcy lawyer’s involvement typically starts long before a company actually commences a bankruptcy case by counseling the debtor concerning strategic options. These options run the spectrum, from gaining the protections afforded by commencing a reorganization case under chapter 11 (to implement an asset sale, a consensual plan of reorganization, or perhaps a contested “cramdown” plan), to negotiating an out-of-court workout. Creditor representations similarly require strategic analysis and skilled advocacy. The challenge facing creditors’ counsel is not merely competing with the debtor and its shareholders, but also competing against other creditor constituencies with differing agendas. After all, the restructuring objectives of a trade creditor, a bond holder, a labor union, a government agency, or a creditor that may be junior or senior in the capital structure likely will vary, potentially to a substantial degree, depending on the circumstances.
In today’s dynamic financial restructuring landscape, bankruptcy lawyers also must tackle a host of ancillary issues. For example, cross-border insolvencies continue to grow in number and intricacy as businesses expand globally into legal jurisdictions around the world. Likewise, the advent and growth of structured financial products and derivatives adds additional layers of complexity to the already complex mix of legal and business issues that bankruptcy lawyers routinely confront. In addition, the bankruptcy process continues to serve as a springboard for M&A opportunities presenting distressed investors with opportunities to acquire assets at attractive valuations in the marketplace.
Bankruptcy law provides ample, important restructuring opportunities to financially troubled businesses and has made bankruptcy an effective business tool, as evidenced by the number of large business enterprises increasingly seeking the protections and benefits that bankruptcy affords.
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