Where Restructuring, Bankruptcy and Business Work. Together.

Negotiating plans to optimally position our clients in bankruptcies, workouts, restructurings and insolvency situations is Winstead's practice focus.

Representing both regional and national clients, Winstead often serves as the “on the ground” legal presence in complex cases occurring in the Southwest.

Banks, financial institutions, hedge funds and individual and closely held corporations are among our clients. In insolvency matters, Winstead’s representation includes: 

• Secured Creditors – In all areas of bankruptcy and workout, including DIP financing and cash collateral issues, plan negotiation and surcharge issues.
• Creditors’ Committees
• Trustees – Chapter 7 and Chapter 11 panel and private trustees and indenture trustees in all aspects of case administration, including asset disposition, avoidance litigation and claim objections.
• Lenders and Lender Groups – Representation of lenders, lender groups, investors, bondholder groups and all other types of secured creditors.
• Bondholders and Bondholder Groups
• Debtors – Chapter 11 debtors in complex cases
• Unsecured Creditors – Unsecured creditors' committees, trade creditors, landlords, lessors and all other types of unsecured creditors.
• Purchasers – Asset purchasers from bankruptcy debtors, including negotiating, drafting and obtaining court approval of purchase documents.
• Postpetition Lenders

Transactions and Cases

Top-tier work in complex, high-value corporate cases. Experienced across a wide range of industries. We have particular practice strength in Chapter 11 matters and are well-versed in Chapters 7 and 13 proceedings as well.

Turnarounds. Troubled loans. Debtor-in-possession (“DIP”) financing. Institutional clients and creditors’ right representation. Building consensus. Defusing potentially hostile and litigious environments. Deft, efficient coordination and handling of the complexities associated with a variety of investor groups.

Known for early and decisive intervention, Winstead’s Business Restructuring and Bankruptcy Practice Group relies on a multidisciplinary team of transactional, corporate finance, bankruptcy and other lawyers. Together, we counsel on out-of-court restructures and bankruptcies involving businesses with varying complexities of capital structure.

Should insolvency matters require litigation in federal or bankruptcy court, Winstead’s achievements include representation of both plaintiffs and defendants in a range of actions. These include preference litigation, fraudulent transfer litigation, lien avoidance, insider litigation, equitable subordination and contract disputes. 

Bankruptcy and Reorganization Client Industries and Services

Among our bankruptcy and restructuring services are:

• Financial Institutions – Represent and counsel in negotiations and exit strategies to maximize returns and minimize losses.
• Landlords and Equipment Lessors – Enforce their rights during bankruptcy cases.
• Personal Injury Litigation – Advise trial lawyers in complex business and personal injury litigation impacted by bankruptcy filings.
• Acquisitions – Guide strategic buyers in the purchase of assets and businesses under Section 363 of the Bankruptcy Code.
• Municipalities – Represent and counsel municipal authorities and bondholders in multiple Chapter 9 municipal reorganization cases.

Industries that we regularly counsel and advise include:

• Agriculture
• Computers and Advanced Technology
• Healthcare
• Industrial Manufacturing
• Law Firms
• Mortgage Lending
• Oil and Gas
• Real Estate
• Regulated Industries
• Retail
• Service Companies
• Small Business Investment Corporation