Thompson & Knight attorneys often represent creditors in connection with workouts, reorganizations, or bankruptcies. In our representation of individual creditors, we have obtained a high degree of experience in litigating matters on behalf of creditors, including defending preference, avoidance, and fraudulent transfer litigation, as well as officer and director litigation. We have handled numerous litigation cases involving equitable subordination and substantive consolidation issues.
Our services for individual creditors include:
- Classification of claims
- Issues regarding enforcement of liens and mortgages
- Protection of cash collateral and enforcement of lien rights
- Enforcing rights under executory contracts, especially in intellectual property and recently in telecommunications cases
- Enforcing ownership rights against the debtors' assertions that ownership is "discharged" in bankruptcy
- Filing plans of reorganization and, when appropriate, opposing confirmation of the debtor's plan of reorganization
An important part of any Chapter 11 bankruptcy is the creditors' committee, which speaks for the general unsecured creditors. Thompson & Knight has a long and distinguished history of assisting creditors' committees in achieving favorable results. We represent committees in and out of court and also represent clients serving on committees. Our attorneys often assist committees in evaluating options, negotiating with debtors and senior secured lenders, and locating previously unknown assets. We have represented numerous creditors' committees in Chapter 11 cases of large and small public and private companies in the energy (upstream, midstream, and downstream), retail electricity, industrial, commercial real estate, retail, airline, telecommunications, computer, and Internet industries.
Our bankruptcy attorneys have also assisted creditors' committees as counsel and special counsel in all types of bankruptcy and insolvency litigation matters, including officer and director lawsuits brought for the benefit of the debtor, avoidance, preference, and fraudulent transfer litigation. In addition, we provide counsel to committees regarding pension plan issues and environmental issues. Our attorneys are extremely experienced in asset valuation litigation and litigation involving equitable subordination and substantive consolidation issues.