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Restructuring, Insolvency & Bankruptcy

Purchasers of Distressed Assets

Distressed businesses often present savvy investors with unique opportunities. Allen Matkins' attorneys help investors explore and execute upon these opportunities, whether through the purchase of debt owed by distressed entities, the purchase of some or all of the assets of distressed enterprises, or the strategic combination with other distressed businesses. Allen Matkins' attorneys help to identify achievable outcomes that balance the risks, time and invested capital.

In bankruptcy, Allen Matkins' attorneys represent clients in all aspects of Section 363 purchases, including bid procedures and protections, as well as purchase through plans of reorganization. Allen Matkins also has broad experience representing attorneys buyers and sellers of commercial real estate loans, including large portfolios of nonperforming loans. Following the acquisition, Allen Matkins' attorneys assist clients managing the portfolios with quick initial assessments, advice on administration and enforcement, and standardized reporting.

Allen Matkins helps investors explore these opportunities. We assist with:

  • Expectation and planning: what are the realistic, achievable outcomes, and how do they compare to the client's goals
  • Evaluation of risks: timeline, costs, litigation concerns such as fraudulent transfer, and successor liability
  • Acquisition structures, including acquisition or combination through target's bankruptcy (including lock-up agreements, 363 sales and bid procedures and protections, and funding mechanisms for the case and the plan of reorganization)

Allen Matkins helps investors explore these opportunities. We assist with:

  • Expectation and planning: what are the realistic, achievable outcomes, and how do they compare to the client's goals
  • Evaluation of risks: timeline, costs, litigation concerns such as fraudulent transfer, and successor liability
  • Acquisition structures, including acquisition or combination through target's bankruptcy (including lock-up agreements, 363 sales and bid procedures and protections, and funding mechanisms for the case and the plan of reorganization)

EXPERIENCE

We also specialize in representing buyers and sellers of commercial real estate loans, especially buyers of large portfolios of nonperforming loans, in a broad range of areas:

  • We help clients understand the business and other practical issues in a workout, modification or foreclosure
  • We provide strategic and tactical assistance regarding the exit strategy for an asset (including prompt resale, long-term hold of the debt, acquisition of the underlying collateral, and disposition or development of the property)
  • We assist our clients in their management of the portfolio, especially in dealing with a large number of loans (we are experts at making quick initial assessments, and we can transition quickly into matters that may already have deadlines and provide standardized reporting as the work progresses)
  • We represent our clients in deed-in-lieu-of-foreclosure transactions, non-judicial foreclosures, judicial receiverships and other litigation
  • Related  Services

  • Restructuring, Insolvency & Bankruptcy

  • Litigation & Counseling

News & Insights

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