Litigation

Bankruptcy and Creditors' Rights

When a business or individual is in financial distress, there are many stakeholders. Whether we are counseling a business, an individual in distress, or one of the many other parties that have a stake in the outcome, we provide our clients with practical and strategic advice to help them navigate the complexities of business insolvencies. Our lawyers assist in evaluating risk, minimizing exposure, maximizing recoveries, and developing creative solutions for bankruptcy protection, all in a cost-effective manner.

Our Omaha-based bankruptcy attorneys understand the complexities of business bankruptcy and have experience in courts all across the country representing stakeholders inside and outside of bankruptcy. We represent financially distressed businesses, their boards, management, owners, secured creditors, unsecured creditors, creditor committees, lenders, bankruptcy trustees, investors, and potential acquirers, handling restructurings in and out of court, business reorganizations, acquisitions, liquidations, and litigation. We have helped hundreds of businesses successfully navigate difficult financial circumstances outside of bankruptcy by developing and implementing creative solutions for their financial needs and realities.

Our lawyers also have experience advocating for clients in bankruptcy-related litigation matters, including avoidance actions, objections to discharge, dischargeability actions, preference claims, subordination claims, equitable recharacterization claims, plan confirmation objections, relief from stay motions, Section 503(b)(9) administrative expense claims, and other disputes under the Bankruptcy Code. In addition, we regularly represent clients in breach of contract cases, actions under guaranties, replevin actions, and fraudulent transfer claims. 

We regularly draw upon the experience of other attorneys in our firm, including those focusing on employment, insurance, intellectual property, mergers and acquisitions, securities, tax, and various litigation disciplines, and employ a multi-disciplinary approach that provides our clients with expertise in nearly all areas of the law.

One of our members is a court-approved mediator in the U.S. Bankruptcy Court for the District of Nebraska and regularly blogs on issues related to bankruptcy, financial distress, and mediation at www.mediatbankry.com.

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