Bankruptcy and Financial Restructuring

Saxton & Stump’s Bankruptcy and Financial Restructuring team provides clients with timely and practical advice to help them protect their interests and preserve value. Our experienced attorneys represent secured and non-secured creditors, businesses, vendors, suppliers, bankruptcy trustees, purchasers of assets and individual creditors on small and large claims. We are skilled in all aspects of bankruptcy proceedings and take an individualized approach to each unique case. The Bankruptcy and Financial Restructuring team is committed to developing proactive strategies that help our clients’ achieve their objectives.

Bankruptcy Proceedings

Our attorneys advise clients on their rights and obligations under state law and the Bankruptcy Code and can provide counsel on various types of bankruptcy proceedings under:

  • Chapter 7 – Liquidation Bankruptcy
  • Chapter 11 – Business Bankruptcy / Reorganization
  • Chapter 12 – Farmers and Fishermen Bankruptcy
  • Chapter 13 – Repayment Bankruptcy

Loan Workouts and Creditors’ Rights

When possible, our attorneys assist clients in negotiating alternatives for bankruptcy including:

  • Loan work-outs and debt restructuring
  • Lien issues
  • Lender liability issues
  • Commercial collections

Chapter 11 Subchapter V Reorganization  

We are prepared to advise and pursue proceedings based on our client’s objectives, including choosing the most efficient and cost-effective options, such as Chapter 11 Subchapter V. This option is designed to:

  • Offer a streamlined, expedited process for reorganization
  • Lessen burden of filing for small businesses and high net-worth individuals
  • Result in cost savings and efficiencies when compared with standard Chapter 11

Bankruptcy Litigation

Our litigation team, backed by our in-house trial technology team, is experienced with presenting cases in bankruptcy courts on issues such as:

  • Loan enforcement, commercial law and lender liability claims
  • Cross-collateralization under Section 364 of the Bankruptcy Code
  • Claim objection contests
  • Obtaining receivers to enforce rights of secured creditors
  • Avoidance actions including fraudulent transfers

Access to a Full-Service Team

When partnering with us, you partner with a team of lawyers who are recognized leaders in their fields. Saxton & Stump is a multi-disciplinary law firm, which allows our Bankruptcy and Creditors’ Rights clients to leverage attorneys and consultants who are well-versed in their respective focus areas.

Our Business and Corporate Law group can assist on general business matters, leadership succession planning, financing, governance documents and contract reviews. We also have a team of experienced mergers and acquisitions (M&A) attorneys who can assist with the purchase and sale of businesses, including issues that arise on transactions involving troubled companies, their assets or distressed debt.

Patented and trade secret technology, copyrighted content and trademarked brand names are valuable assets to an individual or business. Our Intellectual Property attorneys provide counsel when a bankruptcy filing affects contracts relating to intellectual property assets.

When Real Estate issues arise, our team advises clients on purchases and sales, commercial lending, banking and finance and tax-related matters. Our team also assists real estate owners with foreclosures and landlord-tenant disputes including evictions, rent collections and issues that arise when a tenant files bankruptcy. Saxton & Stump’s Construction Law attorneys advise clients on disputes relating to mechanics’ and construction lien statutes and prompt payment laws.

Our Employee Benefits and Executive Compensation team can provide counsel on creditors’ rights with regard to the protection of plans that fall under the Employee Retirement Income Security Act of 1974 (ERISA) such as 401(k) plans in addition to non-ERISA including traditional Individual Retirement Accounts (IRAs), simplified employee pensions plans (SEPs) and some 403(b) plans.

In matters involving outstanding debts owed to the estate of a decedent, our Trusts & Estates team can provide counsel on the collection of assets in order to execute the will. In the unfortunate event that the estate is insolvent, or the estate’s debts are greater than its assets, our attorneys can advise on creditor claims.

Bankruptcy Media Library

For more information on Bankruptcy and Financial Restructuring 

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