PRACTICES
PRACTICES

Bankruptcy, Restructuring and Creditors' Rights

At Gordon Arata Montgomery Barnett, we routinely assist clients as they face the myriad of insolvency, restructuring and creditors’ rights issues that arise in business.  Our Bankruptcy, Restructuring & Creditors’ Rights practice group has the breadth of experience it takes;  it includes a former bankruptcy judge, attorneys with decades of experience and several former judicial law clerks.

In addition to lawyers admitted to practice before state and federal courts in Louisiana, Texas and various other states, our ranks include former business owners and consultants, CEOs and entrepreneurs with real world understanding of the problems clients face.  We are well-versed and seasoned when it comes to bankruptcy law, business strategy and creditors’ rights.  Because bankruptcy issues frequently overlap with other disciplines, our practice group draws lawyers from practice areas within the firm—such as energy law, finance and real estate, to name a few.  By doing so, we ensure that the group has the requisite depth to address the most novel issues effectively and provide a nimble resource for our clients’ concerns

Bankruptcy, insolvency and restructuring situations often require immediate action to preserve rights and claims, yet we also know when and how to avoid impulsive moves that can undermine a client’s case.  In addition to our work within bankruptcy cases or insolvency-related matters, we counsel clients on the risks and exposures they may face as a result of the application of bankruptcy laws to their financial dealings and transactions, such as the effects of preference claims against vendors and service providers.  We help identify risks and guide clients in implementing the right strategies to minimize exposure.

Our experience includes:

  • Representing debtors and creditors in connection with problem credit, workouts, foreclosures, Chapter 11 reorganizations and liquidation proceedings
  • Representing debtor-in-possession (DIP) lenders
  • Acting as court appointed bankruptcy trustees
  • Representing bankruptcy trustees
  • Representing Unsecured Creditors’ Committees
  • Representing parties to leases, executory contracts and license agreements in bankruptcy proceedings
  • Prosecuting and defending Louisiana Oil Well Lien Act (LOWLA) claims
  • Evaluating lien priorities
  • Prosecuting and defending preference, fraudulent conveyance and other avoidance actions
  • Section 363 sales
  • Preparing of claims in bankruptcy
  • Representing creditors in discharge complaints against debtors
  • Mediation
  • Serving as local counsel before Louisiana bankruptcy courts and as oil and gas counsel in bankruptcy cases
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