Commercial Bankruptcies
Our Approach
Navigating the correct path through a commercial bankruptcy case can be an unfamiliar and difficult process. Balch attorneys are well versed in representing creditors in all aspects of complex bankruptcy cases and will assist in not only understanding a client's bankruptcy rights and limitations but also in finding efficient and practical solutions for its bankruptcy related issues.
Our practice works with creditors across a variety of industries when bankruptcy issues arise in commercial bankruptcy cases. We offer experience in, and a true understanding of, all facets of chapter 11 work regardless of whether the creditor’s role in the case is that of a lender, supplier, utility provider, asset purchaser, landlord, or simply an unsecured creditor. We routinely assist secured lenders with cash collateral, debtor in possession financing, lien priority, and collateral recovery concerns. We help companies with existing contracts with the debtor determine their rights and obligations in connection with the contract. We work with insurers with whom the debtor has corporate policies as well as landlords that are parties to commercial leases with the debtor. We help purchasers buy assets in bankruptcy and assist suppliers who simply are awaiting payment for their goods. We also represent utilities in all bankruptcy related issues affecting them. While every chapter 11 case is unique and presents a variety of novel issues in addition to the routine issues listed above, Balch’s experienced attorneys can guide clients through the bankruptcy process.
Our representation extends to courts far outside our footprint. We routinely represent our clients’ interests in bankruptcy courts throughout the United States. Likewise, we assist a client’s existing counsel when a local attorney is needed in a bankruptcy case pending in Alabama, Georgia, Florida, and Mississippi.
In many instances, our bankruptcy related work starts long before the bankruptcy petition is actually filed. Common creditor remedies such as state court collection proceedings, foreclosure actions and out of court workouts are a staple of our practice. Additionally, we routinely advise clients on general bankruptcy compliance in order to prevent incurring liability due to a simple mistake involving, or lack of knowledge of, the nuances of bankruptcy procedure.
Our Clients
We work with creditors from a wide variety of industries including financial institutions, health care providers, contractors, landlords, utilities, factoring companies, note buyers, and universities to name a few. With each representation, we seek to understand not only a company but also the industry which allows us to provide well-reasoned and practical advice that satisfies both legal and business needs.
Our Experience
Secured Creditors: Balch represents secured creditors in all aspects of commercial bankruptcy cases. From the first days of a case dealing with cash collateral, DIP financing or adequate protection concerns all the way to the plan confirmation stage, Balch assists with any and all bankruptcy issues a secured creditor may face in the course of a bankruptcy case.
Unsecured Creditors: Unsecured creditors bring a variety of issues into a case from the routine filing a proof of claim to the more nuanced issues of asserting a 503(b)(9) or reclamation claim. Balch is well versed in all of the issues unsecured creditors face.
Executory Contracts: A chapter 11 debtor’s option to assume or reject executory contracts can have a profound impact on unsuspecting creditors. Balch frequently represents creditors with a variety of executory contract issues and has unique insight into dealing with self-insured insurance plans and utility contracts.
363 Sales: While Balch’s bankruptcy team offers expertise in assisting purchasers with the process of buying assets out of bankruptcy, the expertise our firm has in other areas (e.g., corporate, tax, real estate, intellectual property, energy, etc.) allows purchasers to address all of their sale issues at one time.
Bankruptcy Compliance: While specific bankruptcy filings often require creditors to adjust at a moment’s notice, there are also many recurring bankruptcy issues that can be planned for in advance. Balch provides industry tailored compliance training to its institutional clients on how to handle routine bankruptcy matters arising in commercial and consumer bankruptcy cases.
Utility Providers: Since Balch’s inception over a century ago, representation of utilities in all aspects has been a hallmark of the firm. Bankruptcy is no exception. Balch is a leading provider of bankruptcy representation when a utility’s customers file bankruptcy. We routinely represents utilities in many of the major bankruptcy cases filed throughout the country.
