Bankruptcy

Bush Ross has significant and broad-based experience in the area of bankruptcy and creditors’ rights.  Our attorneys represent corporate debtors, financial institutions and other lenders, creditors' committees, individual creditors, trustees and asset purchasers in all types of restructuring and insolvency matters, from advising financially distressed companies in out-of-court workouts with lenders to guiding businesses and high net-worth individuals through the complexities of Chapter 11 reorganizations in the United States Bankruptcy Courts.

Attorneys in our Bankruptcy Practice Group have been involved in virtually every major Chapter 11 reorganization case in the Tampa Bay area. For example, we served as the general bankruptcy counsel to The Celotex Corporation in one of the largest corporate bankruptcies ever filed.  As a result of our aggressive representation, the debtor successfully reorganized and, among other results, eliminated exposure to over $17 billion in asserted claims.  We have also successfully argued matters of national importance before the United States Supreme Court.

Our attorneys have significant experience representing secured and unsecured lenders and specialized servicers to ensure that their interests are protected throughout all aspects of the lending relationship.  Sometimes debtors and lenders work together to create value for all stakeholders in a reorganization.  However, when litigation becomes necessary, our attorneys have the experience and expertise to handle the most complex trials in bankruptcy, from overcoming claims objections asserted by debtor to contesting confirmation of plans of reorganization that impair the rights of lenders.

Bush Ross attorneys have served as lead and local counsel for official creditors’ committees in numerous bankruptcy case in Florida.  We understand the when committees can be an effective tool to negotiate a better outcome for all unsecured creditors than any unsecured creditor might be able to obtain on its own.  We have experience in pursuing debtors, officers and directors, and even lenders, when appropriate, to ensure that creditors obtain the best recovery possible in a bankruptcy case.

We have also represented trustees in all aspects of bankruptcy cases, including Chapter 7 and Chapter 11 trustees, as well as post-confirmation plan trustees and creditors’ agents.  We have significant experience in handling all aspects of plan trust administration, from the collection and reduction of assets to cash, objecting to and resolving improper claims asserted against the estate, and distributing assets to creditors and trust beneficiaries.

In addition to representation of debtors, creditors, trustee and committees, we regularly represent defendants in adversary proceedings where a debtor or trustee may be seeking to recover money or property or to avoid a pre-bankruptcy transfer.  We understand that the defendants in preference and fraudulent transfer actions need to balance the costs of litigation against the actual exposure that may exist.  As a result, we use our expertise to analyze each client’s exposure and all of the various defenses to such actions to ensure that clients understand the risk and reward of litigating avoidance actions to conclusion or, in appropriate cases, undertaking a prompt settlement to avoid the costs and uncertainties of trial.

The Bankruptcy Practice Group's areas of experience include:

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