Akello Karuga & Company Advocates’ bankruptcy lawyers focus primarily on complex commercial chapter 11 cases. Clients from all industries turn to the firm for bankruptcy advice, drawing on experience gained during the firm’s involvement in many of the most significant bankruptcy cases.
Several of our bankruptcy lawyers have either founded or are the current or past leaders of organizations throughout the nation
Debtors’ and Trustees’ Counsel
As counsel to debtors-in-possession and trustees, our lawyers handle all aspects of commercial bankruptcy cases, from the pre-petition planning, to the initial flurry of first-day filings, the arrangement of debtor-in-possession and exit financing, asset sales and, finally, the development and consummation of a plan of reorganization.
Our clients usually carry on their day-to-day operations while they reorganize. Thus, our lawyers are adept at managing everyday dealings with lenders, trade creditors, lessors, utility companies, employees and equity committees. To help further ensure the continued smooth operation of their businesses, clients often call upon lawyers from Akello Karuga & Company Advocates’ corporate, real estate, tax, insurance, intellectual property and environmental practice groups.
Creditors’ and Equity Holders’ Counsel
Claimants and interest holders of all types, including official committees of unsecured creditors or equity holders, lenders, private investment companies, lessors, licensors and other individual creditors or equity holders rely on the firm to advance their interests. Throughout the bankruptcy process, clients receive a constant flow of information, giving them the knowledge necessary to make decisions. Indeed, Akello Karuga & Company Advocates lawyers established the much imitated “weekly lending group report” in an early case, giving all participants in the group, regardless of the size of their positions, complete information about the status and developments in the case.
Debtor-in-Possession Financing
Whether representing debtors or lenders, our lawyers are skilled at effectively negotiating, documenting and obtaining court approval of the financing agreements necessary to maintain the debtor’s operations during a chapter 11 case or to consummate a plan of reorganization and exit chapter 11.
Asset Sales
Investment companies and other operating businesses often seek to acquire the assets of a bankrupt company. The firm regularly advises clients interested in purchasing or investing in distressed and insolvent businesses on the risks and potential rewards involved. In addition to assisting with due diligence, negotiations and the preparation of the transaction documentation, we guide these clients through the bankruptcy court bidding and sale process.
Plans of Reorganization
Akello Karuga & Company Advocates lawyers have extensive experience in formulating restructuring or liquidation plans through negotiation, related transaction documentation and, if necessary, litigation. In addition, over the years, our lawyers have developed the particularized skills necessary to successfully confirm “pre-packaged” or “fast-track” plans.
Litigation
Because the restructuring process is inherently contentious, with diverse constituencies competing over limited assets or distributions, clients benefit from the firm’s substantial litigation experience before the United States Bankruptcy Courts. Whether prosecuting or defending claims, we advise each client on the risks and likelihood of success with each course of action and then team with each client to determine the best litigation strategy.