Bankruptcy & Creditors' Rights

The Devine Millimet Bankruptcy and Creditors’ Rights Practice Group is an inter-disciplinary group consisting of members from across the practice spectrum. We represent institutional lenders, individual investors, and other creditors in non-bankruptcy creditors' rights and collections litigation, as well as bankruptcy matters, throughout the Northeast.

Our experience includes formal and informal workouts and reorganization scenarios. Within formal bankruptcy proceedings, we have advised secured and unsecured creditors with respect to debt restructuring, relief from the automatic stay, fraudulent conveyance/transfer litigation, debtor in possession or “DIP” financing, adversary proceedings (including non-dischargeability proceedings and defense of preference actions), negotiation and litigation of adequate protection payments and use of cash collateral, and issues relevant to voting on and confirmation of Chapter 11 plans (including opposing “cram down”). This experience includes virtually all aspects of bankruptcy matters including counseling clients with regard to Chapter 7, Chapter 9, Chapter 11, Chapter 13 and Chapter 15 cases. We also have unparalleled experience in collections actions, problem loan and collateral position analysis, forbearance agreements, repossession and replevin actions, foreclosures, liquidations, attachments, trustee process, and mechanic’s lien proceedings (including experience in multimillion dollar construction disputes), and domestication and enforcement of foreign judgments.

As one of the longest standing practice groups at Devine Millimet, we are able to draw on our broad knowledge to counsel clients in all aspects of bankruptcy, nonbankruptcy workouts, and creditors’ rights. Our Bankruptcy and Creditors’ Rights Practice Group is a recognized leader in this practice area.

Representative Matters

Represented large secured creditor in connection with Chapter 11 bankruptcy of owner of hydroelectric assets located in New Hampshire. Our representation included litigation to recover the amounts due under a multimillion dollar note, defense of claims by the owner, bankruptcy advice when the debtor filed for Chapter 11 bankruptcy as well as the foreclosure and secured party sale of the assets after obtaining relief from the automatic stay.
Represented a city in a multimillion dollar claim against a Chapter 11 New York developer.
Represented three municipalities in preserving payment of millions of dollars in real estate taxes from a Chapter 11 debtor which was a joint owner of power generating facility.
Represented the successful bidder in the multimillion dollar purchase of the assets of a Chapter 11 telecommunications company.
Represented large secured creditor in the Chapter 11 bankruptcy case filed by a major New Hampshire ski area.
Represented a company in environmental claims litigation against a Vermont corporation which had filed a Chapter 11 bankruptcy case in Delaware.
Represented large secured creditor in negotiations with a bankrupt hockey rink company, leading to consensual plan of reorganization.
Represented group of software users in the Chapter 11 proceeding of the software developer to protect users' rights under license including access to source code.
Represented State in the bankruptcy proceedings of two New Hampshire electric utilities.
Represented aircraft finance corporation in Chapter 11 proceedings of regional airline.