Business Bankruptcy & Restructuring / Reorganization

Binder & Malter LLP represents businesses and high-net worth individuals in financial distress restructure their debts both in and out of bankruptcy court. We strive to provide practical, cost-effective solutions that create business value. Our attorneys have experience representing all constituencies in and out of bankruptcy court, including debtors, creditors, commercial landlords, committees, asset purchasers, and third-party plan proponents. Our business debtor clients have ranged in size by assets from approximately a million dollars to approximately $250 million dollars.

In order to effectively represent any party in financial distress, an attorney must be both an excellent litigator and negotiator and possess an in-depth understanding of what can be achieved through the bankruptcy process. Our attorneys have successfully negotiated and implemented countless plans of reorganization, assets sales, and settlements with creditors and have considerable experience counseling companies experiencing financial distress in matters such as corporate governance, financing,

Typical Engagements
  • Chapter 11 Reorganizations
  • Corporate Restructuring
  • Plans of Reorganization
  • Asset Planning
  • Creditor Workouts
  • Chapter 7 Liquidations
  • Unsecured Creditors’ Committees
  • Secured and Unsecured Creditor Representation
  • Distressed Asset Sales and Acquisitions
  • Landlord Representation
  • Intellectual Property Rights in Bankruptcy
  • Environmental Law Issues in Bankruptcy
  • Debtor in Possession (DIP) Financing
  • Cash Collateral Issues
  • Executory Contracts and Leases
  • Trustee Representation
  • Relief from Stay
Representative Matters
  • Binder & Malter LLP has represented commercial landlords in well-known bankruptcies such as the Round Table Pizza, Circuit City, Chevy’s, Fresh Choice, Mervyn’s, Crown Books, Hollywood Video, Napster, Levitz, Tower Record, Jennifer Convertibles, and Lionel Trains bankruptcies.

  • The firm represented a well-known national developer of a planned and much-publicized San Francisco luxury high-rise in Chapter 11 bankruptcy.

  • The firm represented the largest privately held transportation company on the west coast in Chapter 11 bankruptcy.

  • The firm represented a large franchisee of a major international real estate organization in a successful Chapter 11 in which a plan of reorganization was confirmed.

  • The firm represented a publicly traded technology company in Chapter 11 bankruptcy, through which, the company was purchased and emerged post-bankruptcy as a private company.

  • The firm represented a large, then well-known consumer electronics retailer in Chapter 11 bankruptcy.

  • The firm represented a high tech company successfully exit Chapter 11 through a confirmed plan, which resulted in a manufacturing facility employing hundreds of workers remaining open.

  • The firm represented a medical device manufacturer in a Chapter 11 bankruptcy, though which the debtor marketed and sold substantially all of its assets and technology to a buyer through a 363 sale.

  • Our attorneys have represented a large, well-known search-engine provider in bankruptcy cases throughout the country, including defending preference actions, claims objections, collecting administrative claims, and negotiating terms for post-petition services.

  • The firm has successfully represented countless landlords and secured creditors in relief from stay proceedings.

  • The firm represented a creditors’ committee in the bankruptcy case of a consumer-lending business that obtained capital from individual investors, successfully negotiating a plan with the court-appointed trustee and insiders of the debtors to obtain an immediate distribution for unsecured creditors.