Find Lawyers in Charleston, West Virginia for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Julia A. Chincheck is a partner in the Charleston office of Bowles Rice and a member of the firm’s Commercial and Financial Services Group. She concentrates her practice on Creditors Rights and Bankruptcy Law, with additional emphasis on complex commercial transactions and business work-outs for banking and other commercial lenders, and commercial litigation. Ms. Chincheck is a frequent lecturer on bankruptcy law, creditors’ rights and the Uniform Commercial Code, and she has auth...
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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