Practice Areas
Workouts  | Litigation  | Bankruptcy

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   The professionals of Emerge have successfully navigated many clients through the Chapter 11 bankruptcy process.  The firm has helped these businesses and professionals “emerge” from bankruptcy with a leaner, meaner, and more profitable financial model.  Emerge is able to handle anything and everything related to bankruptcy.  This most often involves the following:

   Chapter 11 Debtor Representation.  Even good businesses encounter problems.  When problems arise, simply closing their doors or liquidating assets is not always necessary.  Sometimes, all the business needs is to do is use the Chapter 11 bankruptcy reorganization process to become a viable going concern.  Chapter 11 is often a perfect remedy for businesses that are suffering cash flow shortages because of its debt service, face debt maturity without sufficient cash reserves to satisfy the balance, have incurred liability stemming from a legal judgment, are parties to oppressive contracts, or suffer from mismanagement.  Whatever the reason, Emerge has seen it.  Emerge handles every aspect of a bankruptcy, to include:

  • Pre-bankruptcy planning.  This ensures the business or professional enters bankruptcy in the most favorable position for the debtor, its owners, and its creditors.  Preparation is paramount prior to any legal battle.
  • Bankruptcy filing.  This includes identifying and reporting all the debtor’s assets, liabilities, and material financial transactions before the bankruptcy.
  • “First day” motions.  A bankruptcy filing usually triggers emergency approval of certain business procedures.  The failure to think through, and communicate with the client about, the “first day” issues could be fatal to a bankruptcy. 
  • Misc. matters.  During a Chapter 11 bankruptcy, a myriad of serious issues may arise.  A business may need “Debtor-in-possession” financing, or it may need to sell assets with court approval, or it may need to prevent a creditor’s attempt to obtain relief from the automatic stay.. 
  • Plan of reorganization/disclosure statement.  A Chapter 11 plan of reorganization and disclosure statement are the “meat and potatoes” of a successful reorganization.  In tandem, these documents inform creditors of information necessary to evaluate the reorganization, propose the framework for how debt will be restructured, set forth which contracts will be assumed, and identify how the business intends to be profitable going-forward.  A poorly constructed and negotiated plan is often the death knell to good companies that should be able to emerge from Chapter 11.
  • Obtaining confirmation.  The goal of most Chapter 11 cases is to obtain confirmation of the plan of reorganization.  Sometimes creditors or parties in interest object to the terms of the plan.  In this instance, there will be a contested hearing on whether the plan should be confirmed.  In this event, it takes more than a run-of-the-mill deal lawyer.  It takes a firm that has been in the trenches enough to know what it takes to get the plan confirmed and “win” the confirmation fight.
  • Adversary proceedings/contested matters.  Many Chapter 11 bankruptcy cases have disputes that take the form of either separate lawsuits or contested hearings.  These matters require experience, an understanding of evidentiary rules and the rules of practice, and a firm grasp of the law that will dictate the outcome of the matter.

   Creditor Representation.  Emerge's experience in debtor representation makes it qualified to also specialize in representing creditors.  After all, because Emerge professionals know exactly how debtors approach matters, Emerge has a competitive edge when representing creditors.  The Emerge professionals have represented clients in all types of contested matters and adversary proceedings, including fraudulent conveyances, preference actions, motions seeking relief from the automatic stay, nondischargeability actions, motions to appoint a trustee, and the entire range of litigation matters that arise in bankruptcy cases.

 
   Our Team Elliott Jones  |  Warner Jones  |  Brian Shelton  |  Jennifer Berkon
   Practice Areas Workouts  |  Business Litigation  |  Bankruptcy
   Core Values Communication  |  Cost-Effectiveness  |  Competence
   Philosophy Our clients deserve practical, efficient, business-minded representation.
 


Emerge Law PLC | 2021 Richard Jones Road, Suite 240 | Nashville, Tennessee 37215 | Contact Us.
    
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