Our Practices

Restructuring, Bankruptcy, and Creditor Rights

McDowell Hetherington’s Restructuring, Bankruptcy & Creditor Rights practice offers a nationwide reach, regularly representing corporate and high net-worth debtors and debtors-in-possession, creditors and creditors’ committees, lenders, and trustees in all types of reorganization proceedings, including both in-court and out-of-court workouts. Our clients include individuals, small business organizations, public companies, financial institutions, insurance companies, court-appointed trustees and receivers, and many others. We highly prioritize prebankruptcy counseling and our primary goal is to provide practical and innovative solutions in the most efficient and economical manner possible. When negotiated solutions are not viable, MH zealously represents its clients in courts across the country.

We represent some of the nation’s leading companies and investment funds in a wide range of bankruptcy issues, including contentious in-court and out-of-court restructurings, financing and cash collateral disputes, contested bankruptcy 363 sales, fraudulent transfer and preference litigation, breach of fiduciary duty, and similar disputes. We regularly litigate issues that are specific to the oil, gas and energy industries, including the application of forward contract safe harbors in bankruptcy, royalty recharacterization issues, Bankruptcy Code § 366 “utility” issues, treatment of plugging and abandonment liability, and disputes concerning statutory liens.

BANKRUPTCY

Our team has extensive experience representing debtors, whether restructuring debt outside of court or in chapter 11 proceedings. We fight to confirm chapter 11 plans, in contested sale proceedings, to resolve complex litigation, and to raise or dispute claim objections. We also assist debtors in chapter 7 liquidation proceedings, and draw on our experience representing chapter 7 trustees to make the liquidation process as seamless as possible.

CREDITORS

MH represents creditors in bankruptcy proceedings across the country in obtaining relief from the automatic stay; supporting or opposing the adequacy of disclosure statements and the confirmation of plans of reorganization; defending objections to the priority and the allowance of claims; obtaining the appointment of Trustees and Examiners; moving to dismiss or convert chapter 11 cases; contesting whether assets are subject to the debtor’s bankruptcy filing; defending fraudulent conveyance and preference claims; seeking the estimation and allowance of contingent claims for reimbursement; enforcing and collecting administrative and post-petition claims; asserting claims for reclamation; contesting the assumption or rejection of executory contracts and leases; purchasing assets; enforcing rights under executory contracts and leases; and considering offers of status as “critical vendors” or “essential trade creditors.” MH also has experience representing officers and directors, including defense representation against suits alleging various aspects of officer and director liability.

TRUSTEES & RECEIVERS

MH routinely represents chapter 7 and chapter 11 trustees in the evaluation and investigation of assets of the bankruptcy estate; collecting accounts receivable; negotiating carve-outs with secured lenders; prosecuting violations of the relief from stay; litigating fraudulent transfers and preference actions; winding down retirement plans; assisting in Section 363 sale transactions; analyzing claims and prosecuting non-routine claims objections; and acting as special litigation counsel in insurance disputes and other litigation matters when the estate has insufficient cash on hand to hire counsel on an hourly basis.