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BANKRUPTCY, COMMERCIAL AND INSOLVENCY GROUP

Although all would like to avoid it, nearly every business will become involved in a bankruptcy or insolvency proceeding in some capacity. It may be as a secured or unsecured creditor, landlord, customer or vendor, or as a defendant to a trustee's lawsuit or, perhaps, as the buyer of the bankrupt business. Regardless of your role in a particular matter, the experienced attorneys at McLane can help you through the process, protect your interests, and make the process a little less arduous for you to endure. McLane's bankruptcy attorneys represent secured and unsecured creditors, customers and vendors, creditor committees, equity security holders, purchasers of assets and trustee's. We have clients ranging from an individual customer or trade vendor to nationally recognized banks and finance companies. We have significant experience representing creditors of all types through every type of bankruptcy proceeding.


Bankruptcy - Chapter 11:

Chapter 11 is the commercial reorganization process in which the debtor prepares and files a plan to reorganize, sell or liquidate its business. McLane's team of attorneys has over twenty-five years of experience representing parties in every aspect of the Chapter 11 process. McLane's clients have included individual creditors, customers, vendors, equity security holders, purchasers of assets, lenders, creditor committees and the debtor itself. Whatever the issue, be it defending a claim, assessing the chapter 11 plan, protecting your secured status or enforcing a lease, our team of professionals at McLane have the expertise and experience to represent you.

Representative Work:

  • Represented a national retailer in connection with the bankruptcy of its general contractor and was able to resolve several mechanic lien actions through the bankruptcy process resulting in the timely completion of ongoing projects without significant delay or loss.
  • Defended and successfully obtained an order dismissing involuntary bankruptcy petition with a finding of bad faith.
  • Represented operator of nursing homes to acquire facility through a chapter 11 plan.
  • Represented majority equity holders of health club in connection with Chapter 11 filing and plan of reorganization resulting in retention of ownership.
  • Represented the Committee of Unsecured Creditors exploring and prosecuting actions against directors and management for improper use of corporate funds prior to bankruptcy.
  • Represented successful bidder for acquisition of manufacturing business out of chapter 11 proceeding.

Representative Clients:

  • Bank of America
  • Banknorth, N.A.
  • Business Loan Express
  • Citizens Bank New Hampshire
  • KeyBank National Association
  • Kohl's Department Stores
  • Wells River Savings Bank


Bankruptcy - Chapter 7 and 13 (Creditor Representation):

Chapter 7 is a liquidation process for individuals or certain small businesses. Chapter 13 is the individual reorganization process. McLane represents creditors through the entire chapter 7 or 13 bankruptcy process. McLane can prepare and file a proof of claim, attend the 341 meeting of creditors and assess whether there are issues of fraud or other reasons to pursue an order of non-dischargeability of your debt and object to a chapter 13 plan which treats your claim improperly. In both chapter 7 and 13 proceedings, McLane has extensive experience defending parties, ranging from individuals to trade creditors to larger institutions, against trustees' preference and fraudulent transfer action lawsuits. McLane is well equipped to assist you in any of your chapter 7 and 13 creditor needs.

Representative Work:

  • Represented a Chapter 7 Trustee in bankruptcy recovering substantial sums for the bankruptcy estate for distribution to the unsecured creditors.
  • Represented a private, individual commercial creditor in a collection matter resulting in substantial recovery for the unsecured creditor.
  • Represented a domestic support creditor in a chapter 13 proceeding to achieve an order of non-dischargeability of the debtor's domestic support obligation.


Internal Partnering Brings McLane's Breadth of Experience/Expertise to Each Matter

McLane uses a team approach to service your matters. A client service team draws on the experience and expertise throughout the firm to service your matter efficiently and effectively. When a bankruptcy or commercial insolvency matter involves issues such as intellectual property, employment, corporate, criminal, or others we are able to work through each unique issue together with and drawing on the experience of each of McLane's particular practice groups.

For instance, when a bankruptcy matter involves complicated litigation our Business Litigation Group (which has decades of experience litigating in all of New Hampshire's courts but bills at rates lower than comparable attorneys in large metropolitan cities) will participate for the best possible outcome. This team approach to client service fosters creative thinking and cost effective, quality client service.

For further information, contact one of our Bankruptcy Law Attorneys at (603) 625-6464.