Find Lawyers in Columbus, Ohio for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Practice Area Overview
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.
Rob has represented national mortgage servicers against class action allegations in the context of forced-placed insurance claims, failure to honor oral modification of loan payment terms and in the context of the Fair Debt Collection Practices Act. He has also represented mortgage servicers and financial institutions in litigation concerning the Fair Credit Reporting Act, Ohio Consumer Sales Practices Act, Real Estate Settlement Procedures Act, Telephone Consumer Protection Act and Truth in ...
Justin Ristau is a partner and chair of Bricker & Eckler's Creditors' Rights & Bankruptcy group and a member of the firm's Shale Task Force. His practice includes both creditor's rights litigation and oil and gas litigation. He represents financial institutions in matters involving the full range of complex federal, state and common law issues that arise in the context of consumer financing, residential and commercial mortgage lending. In addition to defending complex contested forecl...
Prior to joining Barnes & Thornburg, Christopher gained experience as a judicial law clerk to the Honorable Charles M. Caldwell of the U.S. Bankruptcy Court for the Southern District of Ohio. While clerking, he developed a diverse set of skills and experiences concerning bankruptcy law issues and civil litigation. He regularly conducted legal research and drafted bench memoranda, opinions and orders. Additionally, he discerned which advocacy strategies and techniques are most effective. C...
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Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison