The Business Restructuring Group acts to advance the interests of borrowers, professional fiduciaries, or creditors—either through official committees of creditors appointed by the courts, or individually—in the restructuring and liquidation process in both state and federal proceedings.
We are able to serve as counsel in diverse roles because our business is structured in such a way that we rarely face conflicts of interest. ECC can and has historically served as counsel in significant cases representing debtors, creditors, official committees, and purchasers of assets. The firm’s reputation as sophisticated insolvency and restructuring professionals, along with our steadfast commitment to serving our clients and anti-poaching policy, have resulted in an extensive referral network of other law firms who have trusted us when they are unable to represent a particular client due to conflicts of interest.
While business-oriented solutions take priority, the practice stands ready and able when the need for zealous litigation arises. In business restructuring and liquidations, our team’s agility and access to our Litigation and Trial practice team’s extensive capabilities often make a significant, bottom-line difference in efficiency and results.
- Hospitality: Defense in a dispute arising from material interests of a hotel in a Florida liquidation matter.
- Real Estate Development/Construction: Representation of an official committee of creditors in the liquidation of a major South Florida home builder, resolving over 300 homeowner claims.
- Healthcare: Represented a medical imaging company as a Chapter 11 Debtor in Possession facing financial difficulties resulting from a cessation of Medicare payments that accounted for 40 percent of its revenues. ECC brought a lawsuit against the United States of America seeking to lift the Medicare review process that had placed the client in its precarious financial situation. The lawsuit was successful and the review process was lifted. Thereafter, Medicare payments began coming in on a regular basis, allowing the company to meet its operational costs and propose a Chapter 11 plan.
- Individual Chapter 11 Case / lien disputes: Represented a lender in a title dispute in a case of an individual Chapter 11 Debtor in Possession, where our client stood to have a multi-million dollar claim extinguished. ECC moved for termination of exclusivity and proposed a Chapter 11 plan which was confirmed and restored the lender’s claim in full.
- Healthcare: Represented Chapter 11 Physician and medical practice in two jointly-administered cases, where Medicare had ceased payments. ECC drafted a complaint to sue Medicare in Bankruptcy Court which directly resulted in restoration of Medicare payments and the ability to fund a Chapter 11 plan of reorganization.
- Individual Chapter 11 / Real Estate: Represented a secured creditor in a case involving over $100 million of claims related to real estate holdings in central Florida. After extensive litigation, ECC negotiated the terms of a Chapter 11 plan and post-confirmation trust which restored our clients claim in full and conveyed interests in future litigation.
- Education: Represented two affiliate private schools as debtors in possessions in their respective Chapter 11 cases, wherein chapter 11 plans of reorganization were confirmed, and resulting in the salvaging of approximately 50 jobs, while returning a dividend to creditors and restoring equity interests.
- Individual Chapter 11: Successfully represented and confirmed a Chapter 11 case for an attorney with approximately $50 million in assets. Restructured and re-amortized all liens and negotiated a payment plan with the IRS for payment of a claim in excess of $3 million over a period of seven years.
- Agricultural: Represented Chapter 7 trustee in a converted Chapter 11 case with a leading decorative foliage company. ECC prosecuted and resolved 144 adversary proceedings to recover preferential and fraudulent transfers.
- Medical Devices: Represented Chapter 7 trustee of a publicly-traded medical device company, wherein ECC assisted the Trustee to liquidate substantially all of the Debtor’s company and successfully prosecuted an action against the company’s former directors and officers.
- Clinical Research: Represented Chapter 11 Debtor in Possession in jointly- administered cases for a clinical research and development organization which conducted early and late phase clinical trials for pharmaceutical companies. During the Chapter 11 process, ECC analyzed numerous leases maintained throughout the United States and assisted the company in rejecting certain leases and liquidating its assets. By structuring an employee termination process for those location, ECC obtained court approval to institute a severance program that protected the company from potentially multiple millions of dollars of potential WARN Act claims liability. ECC spear-headed a complex due diligence process which resulted in the sale of the company’s two lines of businesses to competitors and ultimately preserved hundreds of jobs.
- Telecom: Represented a creditors’ committee in a telecom case, once the assets were sold, the trade creditors were faced with the possibility of losing any dividend they might receive to the large regional carrier who had dominated the case. Our lawyers worked closely with investment bankers and financial consultants to facilitate a sale of substantially all of the Debtor’s assets for approximately $27 million that delivered an excellent return to the trades.
- Healthcare: Served as counsel to the Debtor in Possession in the reorganization of a not-for-profit hospital, resolving, labor and union disputes, labor transactions, medical staffing issues, executive compensation, change of ownership transactions, litigation over Medicare license transfers, and an ultimate going concern sale in the approximate amount of $44 million.