Bankruptcy, Receivership, Insolvency & Creditors’ Rights
- Bankruptcy, Receivership & Insolvency
- Who We Represent
- Our Industries
- Collections
- Alternative Finance Dispute Resolution
- Meet Our Team
Bankruptcy is a Fact of Life in Business
Companies seek bankruptcy protection for many reasons. Bankruptcy is a powerful tool to reorganize struggling businesses or liquidate the assets of failed businesses. A bankruptcy filing is not necessarily the beginning of the end, it is often the beginning of something new.
Successfully navigating business bankruptcy cases means exploiting opportunities to maximize recoveries and minimize exposures. Handling bankruptcy cases in court is not the only role of a good insolvency lawyer—it is equally important to anticipate the possibility of insolvency in all business deals.
Effective insolvency planning means ensuring the parties’ transaction documents put the client in the best possible position should a bankruptcy case or receivership be filed, or a restructuring or loan workout initiated. These things require an experienced, sophisticated, knowledgeable and creative law firm with the resources to handle large cases and knotty issues. Silverman Thompson’s skilled insolvency lawyers get great results for clients in complex business bankruptcy and receivership cases, and in negotiated restructurings and loan workouts, all over the country.
Jodie E. Buchman leads Silverman Thompson’s bankruptcy practice and maintains a diverse and complex commercial, real estate, bankruptcy, and finance practice, as well. She regularly represents business entities in a variety of complex commercial and business disputes in and out of litigation.
Ms. Buchman has represented some of the largest creditors in high-profile Chapter 11 cases, is consistently recognized by publications such as The Best Lawyers in America and Super Lawyers and is consistently receiving the highest reviews and recommendations from her clients.
Who We Represent
We represent about every player in the insolvency realm, among many others in bankruptcy and adversary proceedings, contested matters, asset sales, and administrative matters:
- Secured creditors (e.g., lenders, financial institutions)
- Landlords (for commercial and residential real properties)
- Unsecured creditors’ committees
- Receivers
- Trustees
- Examiners
- Liquidating agents
- Asset purchasers
- Guarantors and secondary obligors
- Debtors’ current and former key employees and management
- Targets in discovery (e.g., witnesses)
- Unsecured creditors
- Plaintiffs in contested matters and adversary proceedings (e.g., objections to discharge, lien priority disputes, motions for relief from automatic stay, etc.)
- Defendants in contested matters and adversary proceedings (e.g., avoidance actions, lien priority disputes, claim objections, etc.)
Our Industries
One of the most fascinating aspects of any sophisticated insolvency practice is the attorneys’ need to address creditors’ rights in varied and diverse industries.
While most non-bankruptcy lawyers focus on serving clients in a select industry, insolvency attorneys serve clients in industries of all descriptions. Silverman Thompson’s business bankruptcy lawyers have deep experience representing clients in many industries including but not limited to:
- Asset-based lending
- Aviation
- Real estate
- Construction
- Cosmetics
- Equipment finance
- Factoring
- Financial Institutions
- Floorplan finance
- Automobile and truck fleet financing
- Healthcare
- High tech
- Hospitality and entertainment
- Manufacturing
- Marine
- Mining
- Railroad and rolling stock
- Retail clothing
- Retail electronics
- Transportation
- Trucking and logistics
Collections
Silverman Thompson protects creditors’ rights by utilizing the most cost-effective approaches to resolve debtor/creditor disputes in compliance with state and federal laws. Our attorneys handle all aspects of representation including negotiations and litigation.
We represent creditors in the entire collections process and are knowledgeable about consumer debt collection, loan workouts, receiverships, landlord/tenant matters, and mechanic’s liens. Our attorneys are also experienced in representing creditors in all aspects of Chapters 7, 11, and 13 bankruptcy cases, including adversary proceedings and motions.
Our creditors’ rights attorneys also negotiate with debtors for payment and pursue collection through litigation when necessary to protect the best interests of your business.
Alternative Finance Dispute Resolution
Silverman Thompson has extensive experience in the alternative finance and merchant cash advance industry—a cutting-edge area that requires attorneys who keep abreast of the latest issues in this developing space.
For example, we represent merchant cash advance funders of varying sizes, ranging from small startups to some of the largest funders in the industry. We represent merchant cash advance companies from their creation by drafting deal documents, contracts, and mandatory disclosures, and litigating defaults and pursuing recoveries.
Specifically, Silverman Thompson regularly litigates defaulted merchant cash advance agreements in several jurisdictions and defends funders facing novel claims and theories. Our practice in alternative finance requires knowledge of the Bankruptcy Code and often brings us into Bankruptcy Courts around the country. Additionally, our firm has obtained recoveries for clients in arbitration and through formal and informal mediation and negotiation.
Learn more about Silverman Thompson’s alternative finance practice here.
For additional information on Silverman Thompson’s bankruptcy practice, please contact Partner Jodie Buchman at 443.909.7523 or at jbuchman@silvermanthompson.com.
Meet Our Team
