Save as PDF

Restructuring

Rimon is a national and international law firm with a full range of experience under all chapters of the bankruptcy code, including cross-border bankruptcies under chapter 15. Rimon’s Restructuring team has represented all major constituents in bankruptcy and state insolvency proceedings, such as receiverships and assignments for the benefit of creditors.  We represent debtors, secured creditors, committees of unsecured creditors, bondholder committees, debtor-in-possession (DIP) lenders, landlords, special servicers, trustees, and other parties in interest.

We advise a wide range of clients, from large multinational corporations to insiders of small businesses and across industries, including high tech, banking, manufacturing, agriculture, retail, securitizations, structured finance, law firms and other professional corporations, and real estate.  Our experience across industries enables us to quickly understand the complexities of your business, and its operations, and to help you implement strategic plans to successfully navigate restructurings and insolvency proceedings. 

Our bankruptcy litigation attorneys have pursued and defended claims and avoidance litigation for debtors, creditors, committees, assignees for benefit of creditors, trustees, post-confirmation trusts, and defendants, from “mega cases” to smaller, individual matters.  Through litigation, we have achieved significant results for clients, including increasing recoveries to unsecured creditors from 2% to 50% by suing secured lenders for equitable subordination, slashing the administrative liability of an agricultural cooperative by more than 50%, resolving more than 4,000 claims totaling more than $1.6 billion in one case, and confirming a client’s competing plan of reorganization at a contested confirmation hearing.

Our Restructuring team draws upon the multidisciplinary skills of attorneys across our practice groups, including Banking and Finance, Litigation, Corporate, Tax, Real Estate, Regulatory, Employee Benefits and Executive Compensation, Employment Law, Commercial Litigation, Antitrust, Derivatives, Structured Finance and Securitizations, and Mergers & Acquisitions.  We are prepared to handle all the issues that arise in the insolvency setting.

In addition to bankruptcy, we regularly represent fiduciaries in receiverships, assignments for benefit of creditors, and other state insolvency proceedings, including receivers, assignees for benefit of creditors, trustees, examiners, disbursing agents and plan implementation agents.  We have extensive experience in multiple jurisdictions with foreclosures and workouts related to troubled loans, distressed assets, the appointment of receivers, and other prejudgment remedies.

Representative matters of Rimon's restructuring attorneys include:
  • Represented U.S. operations of international milk producer in cross-border restructuring of entire group.
  • Represented debtor in chapter 11 liquidation of nationwide retail chain:  negotiating DIP financing; effecting sale of assets, including IP, to strategic purchaser; and resolving lessor claims, executory contract claims, and administrative, priority, and unsecured claims.
  • Resolved employee priority and priority tax claims in chapter 11 of major nationwide electronic retail chain.
  • Represented C Suite officers whose non-qualified compensation agreements were at risk in bankruptcy.
  • Represented and advised businesses regarding benefit obligations and plan status in bankruptcy proceedings.
  • Represented bondholders in taking control of and obtaining multi-tranche exit financing of steel manufacturing company upon chapter 11 emergence.
  • Represented second lien lenders in connection with a cross-border $145 million DIP financing and a cross-border $160 million chapter 11 exit financing for an international bus manufacturer.
  • Represented secured creditor in contested confirmation hearing in Bankruptcy Court regarding $16 million loan for a retail shopping center in Nevada. Negotiated favorable workout to include confirmation of competing chapter 11 plan of reorganization.
  • Represented a special servicer for approximately $160 million in commercial loans secured by multiple hospitality assets in Innkeepers USA Trust's bankruptcy proceedings in the U.S. Bankruptcy Court for the Southern District of New York.
Representative matters involving receivers, trustees and other fiduciaries:
  • Represented court-appointed receiver in the sale of a 61-unit condominium project in San Mateo, Calif., by Beal Bank, which had a 7-percent interest in the loan on the property, to Presidio Development Partners for $20 million.
  • Represented lender in complex foreclosure and receivership proceedings in the receiver's sale of the office buildings' collateral for approximately $211 million.
  • Represented liquidating trustee in chapter 11 of major paper manufacturing company, resolving 4,000 claims totaling more than $1.6 billion and smoothly winding down case.
  • Represented national bank as trustee in the restructuring and liquidation of dozens of distressed CDO, CLO, CBO and other structured finance transactions holding assets in excess of $20 billion.
  • Represented a court-appointed plan administrator in a highly contested chapter 11 reorganization of a $40 million estate in Seattle, Washington.
  • Represented a court-appointed Monitor, a Canadian fiduciary applying for recognition in the U.S. under chapter 15 in connection with a Canadian Companies’ Creditors Arrangement (CCCA) matter.
  • Represented assignees for benefit of creditors in sale, administration, and liquidation of dozens of failed businesses across industries such as law firms, technology and media companies, and promotional products.
  • Represented a general receiver in the sale of all assets of a vending equipment enterprise in Washington.
  • Represented a receiver in the sale of a portfolio of agricultural trademarks, trade dress and related seeds.
  • Represented a general receiver in a liquidation of a $2.5 million excavation equipment company.
  • Represented a general receiver in a liquidation of a 20-condominium project in Redmond, Washington.
  • Represented a general receiver in a liquidation of an FCC-regulated media company and all of its assets.
  • Represented a custodial receiver in a reorganization of a restaurant management company.

Related Practice Areas

+ Click on any of the areas below to expand

  • Pre-litigation Counseling
  • Class Actions
  • Government Civil Proceedings
  • Internal Compliance Litigation
  • Licensure Disputes and Proceedings
  • Managed Care Network Disputes
  • Pharmaceutical Pricing Litigation
  • Services Contract Disputes
  • Alternative Dispute Resolution
  • Expert Witness Services
  • Alternative Dispute Resolution Proceedings, including arbitration and mediation
  • All Stages of Litigation, including trial, as well as appellate proceedings

Rimon advises sponsors of private investment funds across a wide spectrum of asset classes, investment strategies and delivery vehicles, including:

  • Hedge funds that engage in long short, global macro, event-driven, multi-strategy, market neutral, relative value and commodities strategies.
  • Private equity funds.
  • Funds of funds and master feeder funds.
  • Venture capital funds.
  • Leveraged buyout funds.
  • Real estate funds.
  • Charitable funds.
  • Family office funds.
  • Special purpose investment vehicles.

We counsel private fund sponsors on structuring, operational and distribution matters, including: 

  • Conditions to the availability of exclusions from the 1940 Act.
  • Application of ERISA's plan assets regulation to various fund structures.
  • ERISA issues related to seeding investment funds with employer 401(k) and IRA accounts.
  • Negotiation of key service provider agreements, including advisory agreements, administration agreements, custody agreements; prime brokerage agreements and placement agency agreements.

We partner closely with local counsel in offshore jurisdictions to ensure efficient and well-coordinated new fund launches.

  • Revocable Living Trusts
  • Irrevocable Children's Trusts
  • Generation Skipping Trusts
  • GRATs
  • Family Limited Partnerships
  • Charitable Remainder Trusts
  • Estate & Gift Tax Minimization
  • Private Family Foundations
  • Asset Protection
  • Family Business Planning

Attorneys in Rimon’s Restructuring Team