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Capabilities / Insolvency & Commercial Bankruptcy

Insolvency & Commercial Bankruptcy

Lending a steady hand to manage insolvency and financial distress.

Companies caught up in the uncertainty of financial distress benefit from the knowledge of trusted legal counsel. Husch Blackwell has extensive experience advising all the major constituencies involved in commercial bankruptcy proceedings and non-bankruptcy restructurings, including debtors, trustees, secured creditors, creditors committees, suppliers, lessors, landlords, franchisors, purchasers and equity holders.

As national and regional counsel, we manage insolvency law matters and creditors’ rights matters in jurisdictions across the country and internationally. Our case management system is tailored to clients’ information and reporting needs and allows secure, 24/7 access to case information. We have developed and managed a network of local insolvency and commercial bankruptcy counsel to ensure clients receive the best, most cost-effective legal representation.

Our guidance to clients in the insolvency and commercial bankruptcy sector includes:

Bankruptcy

Our team has experience in complex financial restructurings and liquidations. We have represented clients in some of the largest and most complex bankruptcy cases filed in recent years, including:

  • Brooke Corp. et al (Brooke Insurance) 
  • Dana Corporation 
  • Doskocil and Wilson Foods cases 
  • Farmland Industries 
  • Federal-Mogul Corporation 
  • HMC/CAH Consolidated, Inc. 
  • Homeland Stores, Inc. 
  • PatientFirst Healthcare, Inc. 
  • Payless Cashways Solutia, Inc. 
  • Union Financial Services, Inc.
Commercial dispute resolution and litigation

We can advise you on all aspects of litigation in state and federal courts. Along with representing clients in enforcing loan documents, leases and contract actions, we participate in alternative dispute resolution. This approach often enables clients to reduce litigation costs and to resolve differences quickly. Our team is also involved in various stages of intellectual property, employment, tax and other litigation matters handled by the firm.

Creditors' rights and extraordinary remedies

We have extensive experience representing secured lenders and creditors, landlords, lessors and vendors in commercial creditors’ rights matters. Our experience includes:

  • Foreclosing mortgages, deeds of trust and other security interests 
  • Obtaining receiverships 
  • Obtaining temporary and permanent protective orders, restraining orders, and pre-judgment writs 
  • Pursuing and enforcing judgments in commercial matters 
  • Pursuing and preserving reclamation, recoupment and set-off rights 
  • Recovering collateral for secured creditors and lessors 
  • Utilizing pre- and post-judgment remedies
Insurance insolvency

Our team can support you with insurance insolvency proceedings, including ancillary bankruptcy. We negotiate and draft rehabilitation and liquidation petitions, plans and orders, management services contracts, asset sales, and merger transactions. In recent years we have identified and recovered significant sums for clients and helped to resolve or adjudicate numerous claims against insolvent estates.

International insolvency

Our team has significant experience in international insolvency proceedings and represents secured creditors on cross-border transactions and offshore asset recovery.

National and regional lead counsel

As national and regional counsel, we manage insolvency and creditors’ rights matters in jurisdictions across the country and internationally. Our case management system is tailored to your information and reporting needs and allows secure, 24/7 access to case information. We have developed and managed a network of local counsel to ensure you receive the best, most cost-effective legal representation.

Workout and out-of-court restructurings

We can advise you on all aspects of workouts and out-of-court restructurings, including refinancing, out-of-court restructuring agreements, forbearance agreements, corporate restructurings and purchasing of assets from troubled businesses.

Alerts | August 30, 2019
New Legislation Likely to Spur Increase in Bankruptcy Filings

Lenders and trade creditors alike need to assess their exposures and risk in light of these changes.

Articles | August 27, 2019
Law360 Expert Analysis: 7th Circ. Misinterprets 'Active Resistance' In Ch. 13 Stays

"Section 362(a)(3) of the Bankruptcy Code provides that a bankruptcy petition 'operates as a stay, applicable to all entities, of ... any act ... to exercise control over property of the estate.'” Read the full article: 7th Circ. Misinterprets 'Active Resistance' In Ch. 13 Stays 

Articles | December 28, 2018
Quarterly Insolvency Newsletter
Articles | September 1, 2018
ABI Journal: Defining "Individual" in Section 362(k)

Jameson Watts and Lynn Butler explore creditors' standing and ability to utilize 11 U.S.C. § 362(k) to seek actual damages, fees, and expenses for the debtor’s (or any other party’s) willful violation of the automatic stay.

Articles | May 15, 2018
ABI Journal: Avoiding Contract Divisibility to Get You Paid as an Unsecured

Daniel McGarry and Iana Vladimirova discuss recovery strategies for unsecured creditors that are counterparties to executory contracts.

News Releases | February 12, 2020
Husch Blackwell's Banking and Finance Group Adds Two in Wisconsin

“Growing our Wisconsin-based banking and finance team has been a priority for our firm over the past few years,” said Eric Lenzen, leader of the firm’s Financial Services & Capital Markets group.

News Releases | November 11, 2019
26 Husch Blackwell Attorneys Named to 2019 Wisconsin Super Lawyers/Rising Stars

The firm has 17 attorneys named to the Super Lawyers list and nine attorneys named to the Rising Stars list.

News Releases | September 23, 2019
Husch Blackwell's Iana Vladimirova Selected for NCBJ Next Generation Program

Vladimirova, based in the firm's Madison office, is one of 40 up-and-coming bankruptcy practitioners with 5 to 10 years of experience participating in the program. 

News Releases | September 3, 2019
Nine Husch Blackwell Lawyers Named to 2019 Thomson Reuters' Texas Super Lawyers

Covering more than 70 practice areas, Super Lawyers is a directory of lawyers who have attained a high degree of peer recognition and professional achievement.

News Releases | August 22, 2019
Gary Barnes to Receive Roser Award

Recipients are selected by a special selection subcommittee consisting of past recipients and attorneys representing different geographical areas throughout the state in a variety of practice sizes.

News Releases | June 3, 2019
Sixteen Husch Blackwell Attorneys Recognized in 2019 IFLR 1000 United States

The 2019 edition of the IFLR 1000 represents the second year IFLR has ranked top financial and corporate law firms and lawyers on a state-by-state basis.

News Releases | February 20, 2019
Husch Blackwell Expands Energy Practice in Houston

The arrival of Timothy Million and Randall Rios continues Husch Blackwell’s momentum in the Texas marketplace.

Media Mentions | February 6, 2019
The Missouri Bar: MoveMakers & NewsMakers 2/6/19
News Releases | January 15, 2019
Michael Bridges Honored for Pro Bono Service by Legal Services Corporation

Michael Bridges was recognized for his family law and contracts work with clients of Legal Services of Southern Missouri.

News Releases | December 11, 2018
Michael Fielding Receives Top Legal Innovation Award from Missouri Lawyers Weekly

Michael Fielding is a recipient of the Missouri Lawyers Weekly inaugural Top Legal Innovation Awards.

News Releases | November 14, 2018
Thomson Reuters' Missouri & Kansas Super Lawyers and Rising Stars 2018 Names 58 Husch Blackwell Attorneys

Husch Blackwell has 58 attorneys in the 2018 edition of Missouri & Kansas Super Lawyers and Rising Stars.

News Releases | November 13, 2018
32 Husch Blackwell Attorneys Named to 2018 Wisconsin Super Lawyers/Rising Stars

Husch Blackwell has 32 attorneys named to the 2018 Super Lawyers and Rising Stars lists.

News Releases | November 8, 2018
Nine Husch Blackwell Attorneys Named to 2018 Thomson Reuters' Mid-South Super Lawyers and Rising Stars

Husch Blackwell has nine attorneys in the 2018 edition of Mid-South Super Lawyers and Rising Stars.

Media Mentions | November 5, 2018
Missouri Lawyers Weekly: Missouri Lawyers Media to present 16 awards for legal innovation

For the first time, Missouri Lawyers Media present its Top Legal Innovation Awards honoring work to drive new practice areas, services and business strategies. Husch Blackwell's Michael Fielding is an honoree.

News Releases | October 31, 2018
Stephanie Kaiser Joins Husch Blackwell's Austin Office

Noted litigator Stephanie Kaiser has joined Husch Blackwell as a partner in its Austin office.

News Releases | October 18, 2018
Husch Blackwell Prevails for Tyson in Bankruptcy Litigation

The Tenth Circuit of the U.S. Court of Appeals affirmed a lower-court judgment on behalf of Husch Blackwell client Tyson Prepared Foods, Inc.

News Releases | September 5, 2018
Husch Blackwell Places 10 Attorneys in 2018 IFLR 1000 United States

Ten Husch Blackwell attorneys have earned rankings in the IFLR 1000, a directory of leading transactional attorneys. The firm also earned rankings in three state jurisdictions.

News Releases | April 25, 2018
Radioworld: iHeartMedia Bankruptcy Filing Brings Questions

Vickie Driver comments on the broadcaster’s recent Chapter 11 reorganization in Houston.

News Releases | March 13, 2018
Klein Contributes to 2018 Thomson Reuters' Bankruptcy Guide

Buffey Klein covers the state of Texas for the volume’s state-by-state guide to assignments for the benefit of creditors.

News Releases | February 20, 2018
Husch Blackwell's Watts Earns Texas Board Certification for Consumer and Commercial Law

The Texas Board of Legal Specialization (TBLS) recognizes Jameson Watts.

News Releases | November 6, 2017
Husch Blackwell Restructuring Team Represents Vasari
News Releases | November 1, 2017
BL Rankings' Best Lawyers© Recognizes Husch Blackwell with Eight National Tier 1 Rankings in 2018 "Best Law Firms"

Husch Blackwell received recognition as a National Tier 1 firm in eight practice areas in the U.S. News & World Report and Best Lawyers 2018 “Best Law Firms” rankings released today.

Testimonial Gear Fisher, CEO, Peaksware

“Working with the Husch Blackwell team on a wide range of legal issues over the last two years has consistently exceeded my expectations. I would sum up their services as knowledgeable, thorough, direct and, best of all, easy to manage.”

Read how invested partnerships make a difference
Client Results

Tyson Foods secures full recovery from Chapter 11 debtor.

See full case study