Restructuring & Insolvency
Winstead’s Restructuring & Insolvency Practice Group works aggressively to maximize economic recovery for our clients in any distressed business situation, with a targeted, cost-conscious, and effective approach.
The group has extensive experience representing all constituents in restructuring and bankruptcy, including creditors, debtors, and purchasers of distressed assets, in both bankruptcy court proceedings and out-of-court restructurings throughout the Southwest and the United States.
We also work collaboratively with other Winstead practices, leveraging our lending, finance, real estate, energy, corporate, securities, tax, environmental, and other practice strengths to address all our clients' needs.
Industries
- Aerospace & Airlines
- Banking & Financial Services
- Construction
- Dairy & Agriculture
- Data Centers
- Energy
- Equipment & Machinery
- Financial Services
- Healthcare
- Hospitality
- Manufacturing
- Metals & Mining
- Oil & Gas
- Power Generation & Transmission
- Real Estate
- Retail & Franchising
- Restaurant & Food Service
- Telecommunications
- Transportation & Shipping
Areas of Service
Secured Creditors: We have significant experience in all aspects of secured creditor representation, including out-of-court workouts, DIP financing and cash collateral issues, stay relief matters, and plan negotiation. We provide a wide array of services to our secured creditor clients, including debt and financial analysis and counseling, loan workouts, and debt restructurings involving complex capital structures. We offer substantial experience representing agents and lending groups in syndicated loans. We also regularly represent lenders in traditional, single lender, middle-market, and other commercial loan transactions. These varied perspectives give us a unique understanding of the issues and challenges faced by each type of lender or lender group.
Bankruptcy Litigation: We have significant experience in all aspects of bankruptcy-related litigation, including cash collateral and DIP financing disputes, automatic stay litigation, lien priority disputes, claim objection litigation, bankruptcy sale disputes, plan confirmation litigation, and preference and fraudulent transfer actions. We can also provide significant knowledge in all types of business litigation in connection with bankruptcy cases, including lender liability claims, contract litigation and director and officer liability litigation. Our abilities and reputation as accomplished bankruptcy litigators are key to our success both in court and in negotiating favorable results for our clients. We also strive to achieve creative, pragmatic, and cost-effective business resolutions whenever possible in order to avoid costly litigation.
Asset Sales: We regularly represent purchasers of distressed assets and debt, including asset purchasers and stalking horse bidders in bankruptcy cases. We can provide numerous services, including negotiating, drafting, and obtaining court approval of sale procedures, bid protections, purchase agreements, and related documents and orders.
Distressed Energy: From petroleum to alternative and from exploration to distribution, we have experience representing lenders, creditors, and investors of distressed energy businesses.
Unsecured Creditors: We offer experience in all aspects of unsecured creditor representation, including proof of claim issues, plan negotiation, assumption, and rejection of leases and contracts. We can also provide valuable planning and counseling services to clients doing business with companies in financial distress, both before and during bankruptcy. Our attorneys regularly provide insolvency and bankruptcy related counseling for various business clients. We often advise companies on proper and effective collection practices and consult with in-house counsel regarding strategic planning and policy considerations when dealing with distressed or insolvent parties.
Trustee Representation: We have significant experience representing trustees in bankruptcy proceedings. The firm advises Chapter 7 trustees in complex litigation matters and has advised trustees regarding administration and liquidation of estates, including negotiating substantial settlements with government agencies. Additionally, Winstead regularly represents unsecured creditors' committees in Chapter 11 cases, providing extensive experience advising committees on their rights and responsibilities throughout the bankruptcy process. The firm's comprehensive trustee representation work demonstrates its deep familiarity with the fiduciary obligations and operational challenges trustees face in managing bankruptcy estates across a broad range of industries.
Debtor Representation: We have represented a variety of companies in Chapter 11 bankruptcy proceedings. Our attorneys have experience negotiating, documenting, and obtaining approval of Chapter 11 plans, including pre-packaged and pre-negotiated bankruptcy plans. We possess the knowledge and skill to understand the complexity of guiding a business through Chapter 11, as well as the dynamics involved in negotiating with creditors, equity holders, and other interested parties in reaching confirmation of a Chapter 11 plan. We also have counseled reorganized bankruptcy debtors regarding the issues that arise after a company has emerged from bankruptcy, including post-confirmation litigation.
Committee Representation: We have extensive experience representing unsecured creditors' committees in Chapter 11 cases, as well as advising committees on investigation, strategy, and litigation considerations in bankruptcy.
Delivering Results
Our experience gained from years of representing a diverse group of clients enables us to provide unique insight and solutions in the restructuring and bankruptcy process. We understand the business goals of our clients and will work with you to maximize value while minimizing exposure and expense.