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Practice Areas

Bankruptcy/ Creditors’ Rights

Mohen Cooper LLC’s Creditors’ Rights and Business Reorganization practice represents lenders, investors, purchasers of distressed companies and assets, landlords, vendors, indenture trustees, administrative agents and other parties in insolvency-related matters nationwide. Mohen Cooper’s bankruptcy attorneys work closely with attorneys in the Firm’s litigation, corporate, financial services, real estate and employment practices to provide seamless and comprehensive services to effectively and efficiently address insolvency and restructuring matters.

Representative Services

Bankruptcies and Out-of-Court Workouts

Mohen Cooper represents corporate debtors in complex Chapter 11 reorganizations, Chapter 7 liquidations and out-of-court workouts. Our industry experience includes automotive, healthcare/hospitals, distribution, entertainment, financial services, manufacturing, media, real estate, retail, and telecommunications. Our services include the following representative areas:

  • Analysis, preparation and representation in Chapter 11 cases for corporate debtors in various industries
  • Representation of creditors’ committees, creditor constituencies and individual creditors in reorganization cases, as well as outside of bankruptcy court
  • Asset acquisitions
  • Development of competing plans of reorganization for the potential acquisition of distressed entities or assets
  • Distressed Mergers & Acquisitions

Mohen Cooper attorneys are well-equipped to handle all issues that typically arise in distressed M&A transactions, including in Section 363 sales, non-bankruptcy transactions and foreclosures. These issues include establishing the entity that will acquire the assets, performing legal due diligence, negotiating all necessary purchase and sale documentation, negotiating and developing bidding and auction procedures in Section 363 sales, and litigating contested bidding procedures and auction results.

Bankruptcy-Related Litigation and Creditors’ Rights

Mohen Cooper attorneys represent clients in a wide array of debtor/creditor disputes and inter-creditor disputes, including preference and fraudulent transfer litigation, lender liability claims, litigation over disputed bankruptcy claims, plan confirmation disputes and equitable subordination litigation. Mohen Cooper represents secured and unsecured creditors and investors in Chapter 11 reorganizations, Chapter 7 liquidations and out-of-court workouts. Mohen Cooper also represents secured lenders in foreclosures, as well as in credit-bidding for their collateral in bankruptcy auctions. We also advise clients regarding creditors’ rights issues arising in asset securitization and real estate acquisitions, sales, financing and foreclosures.

Transaction Structuring and Legal Opinions

Mohen Cooper’s Creditors’ Rights & Business Reorganization practice works with the Firm’s corporate practice as well as outside consultants on M&A and financing transactions to minimize clients’ insolvency and bankruptcy-related risks. This representation may include retaining and working with industry experts in developing a strategic plan to assist companies in avoiding the necessity of reorganizing. Mohen Cooper attorneys negotiate and prepare inter-creditor agreements and agreements among lenders, and structure and document structured finance transactions. We also perform legal analysis and prepare legal opinions with respect to substantive consolidation, fraudulent conveyance, letter of credit and other bankruptcy-related issues.

our locations

100 Park Avenue - 16th Floor
New York, NY 10017
(212) 984-0619

135 Crossways Park Drive - Suite 402
Woodbury, NY 11797
(516) 280-8600