Business Reorganizations under Chapter 11 of the United States Bankruptcy Code and related workouts and litigation are not secondary services at Alderman & Alderman. From closely held businesses to multi-Billion dollar reorganizations, our New York Lawyers have decades of experience representing secured creditors, unsecured creditors, lessors, lessees, parties to adversary proceedings (including preferences, fraudulent transfers and claims against officers and directors) and corporate debtors, celebrities and high net-worth individuals in complex workouts and reorganizations.
Our insolvency attorneys regularly appear in the United States Bankruptcy Courts for the Southern District of Connecticut in New York.
Myles Alderman has published works on the subject including the Bankruptcy Law Chapter of the Connecticut Lawyers Deskbook (CBA, 2008) and the best selling business bankruptcy law book Chapter 11 Business Reorganizations: For Business Leaders, Accountants And Lawyers (Outskirtspress, 2006). His explanations of the bankruptcy process have appeared in a wide range of publications including the New York Times and the Wall Street Journal. He has crafted strategies to help clients address issues of first impression in cases that have been "mission critical" to clients.
While no two cases are identical and past performance is not a guarantee of the outcome of a new case, we offer the following as some examples of our experience.
When the FBO with the largest hanger in Connecticut suffered cash-flow interruption that prevented timely payment of all obligations, but failure to operate would have resulted in a loss of rights under a lease of the facility subject to regulations by the DOT, the FAA and the DEP (n/k/a DEEP), with an interest by the DOD, the FBO selected Alderman & Alderman to manage the Chapter 11 reorganization of that entity. Our firm developed and implemented a strategy that satisfied the requirements of the DOT, FAA, and DEP, prevented loss of the leasehold and resulted in the successful transfer of the hanger to a new FBO without any interruption in service.
When a Connecticut contractor was unable to timely meet its obligations, while it had hundreds of residential units in various stages of completion, that developer chose Alderman & Alderman to manage that Chapter 11 reorganization. Our firm developed and implemented a plan that allowed the debtor to complete the residential units, provided housing to the market place, resulted in a payment plan satisfactory to the creditors and allowed the debtor to continue to operate.
When a world-renowned fashion designer went into Chapter 11, the lawyers for handbag manufacturer with the exclusive license to use that designer's name and trademark, with over $100 Million of inventory at risk chose Alderman & Alderman to address what was at the time an issue of first impression within the Second Circuit. Our lawyers crafted a strategy that allowed our client to bring the hand bags to market and secure exclusive use of the fashion designer's name for handbags.
When the salaried employees wanted to protect their rights when their employer filed a multi-billion dollar reorganization, they retained the lawyers at Alderman & Alderman. The firm developed and implemented a strategy that minimized the risk of loss from adversary proceeding claims and maximized payments to these employees.
When a word-leader in automotive manufacturing sought to acquire critical intellectual property from a company in bankruptcy, knowing that the acquisition would be contested by other major manufacturers with an interest in the IP, its general counsel selected Alderman & Alderman. Our lawyers crafted and implemented a strategy that resulted in a transfer of good title that survived the challenge from its competitors.