Finance, Restructuring and Bankruptcy
Attorneys in our Finance, Restructuring and Bankruptcy Practice Group represent banks and other institutional and private lenders and borrowers with respect to commercial and real estate financing, including mezzanine financing and equity joint ventures. We also serve clients confronted with workout, reorganization, and liquidation issues, bringing a wealth of experience in the representation of creditors, debtors, trustees, committees and receivers. To enhance our effectiveness, we take a multidisciplinary approach by drawing upon the extensive experience and capabilities of our other practice groups. They provide transactional services and litigation support when confronted with the wide variety of related legal issues—including business, technology, real estate, environmental and intellectual property—that often come into play in financing, restructuring and bankruptcy matters.
Insolvency Capabilities
Saving troubled businesses
Procopio has long provided quality representation of distressed businesses, both in the bankruptcy courts and other courts. By providing experienced counsel in all phases of workout and Chapter 11 reorganization, including developing and implementing effective workout agreements and reorganization plans, we are able to assist our debtor and trustee clients in making the correct critical decisions necessary to save troubled businesses.
Resolving troubled loans
Creditor clients normally face two primary concerns: getting paid and reducing future risk. Our attorneys address those concerns by applying a variety of creative and effective strategies aimed at risk management and curbing operational and financial mis-management. These strategies may include taking or augmenting security measures, creating strategic alliances among creditors, negotiating favorable loan terms, and presenting and overseeing pre-packaged or post-filing bankruptcy plans of reorganization.
Trustees and creditors' committees
Our Insolvency attorneys have substantial experience assisting Chapter 11 trustees and post-confirmation liquidating trustees in sophisticated business reorganizations. As creditors' committee counsel, our attorneys also work closley with trustees and their counsel to maximize the return to the creditor body.
Acquiring assets from distressed businesses
Distressed businesses are businesses in crisis who present opportunities for potential purchasers. Procopio’s attorneys have extensive experience representing purchasers of assets from distressed businesses through emergency motions and traditional or "prepackaged" plans of reorganization.
Receiverships, foreclosures and related litigation
We also provide receivership, foreclosure, and insolvency-related litigation services in state and federal courts. These services include the prosecution and defense of real and personal property judicial and non-judicial foreclosures, the prosecution and defense of preference and fraudulent transfer litigation, representation in receivership proceedings of lenders, asset managers and receivers, negotiating deeds in lieu of foreclosure, and negotiating sale of real estate owned (REO) properties.
Financing Capabilities
Asset-based financing
We represent banks, financial institutions and other asset-based lenders and borrowers in all types of traditional credit activities, asset-based financing, mezzanine financing, second-lien financing and other financing arrangements. Our attorneys structure, negotiate and document working capital facilities, syndicated loans, intercreditor arrangements and secured and unsecured credit facilities for acquisitions, as well as traditional loans secured by equipment, accounts, inventory, chattel paper and mixed collateral. We regularly deal with multiple lender-agented and single lender credit facilities and complex revolving credit loans, term loans, over advances and letters of credit for domestic and international borrowers in a broad range of industries.
Aircraft and equipment financing and leasing
Our highly experienced attorneys represent banks, leasing companies, financial institutions and other clients in all types of financing and purchase and leasing agreements. We structure and negotiate domestic and international loans, leases and sale-leasebacks for all types of personal assets including aircraft, automobile and truck fleets, construction equipment, computers, manufacturing equipment and telecommunications equipment. We handle complex operating leases, cross-border leases, securitizations, secured and unsecured loans, rental purchase agreements, portfolio acquisitions and dispositions, vendor program agreements and other agreements involving first loss, residual value and other special types of guaranties.
Credit enhancement for taxable and tax-exempt bond financing
We regularly advise foreign and domestic financial institutions in connection with credit enhancements and liquidity support for taxable and tax-exempt municipal bond financings and project financings including guaranties, letters of credit and other credit enhancement facilities. We are thoroughly familiar with the documentation, legal, bankruptcy and rating agency issues relating to credit enhancement mechanisms.
