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Bankruptcy, Workout, and Restructuring

Bankruptcy, workout and debt restructuring are unavoidable in today’s business world. Mohrman & Kaardal has extensive experience representing secured lenders and unsecured creditors in all phases of distressed transactions and the use of judicial process to enforce the rights of creditors. The following is a sample of the types of matters that we regularly handle on behalf of creditors:

• Commercial loan workout negotiations
• Debt restructuring and loan amendment documentation
• Foreclosure, replevin, emergency relief and other state court collection litigation
• Equipment finance disputes
• Inventory lending disputes
• Sale and acquisition of distressed assets
• Distressed real estate
• All phases of Chapter 11 Bankruptcy proceedings
• All phases of Chapter 7 Bankruptcy proceedings
• State court receiverships

Our lawyers have negotiated and documented complex debt restructurings and workout transactions both inside and outside of bankruptcy. Our lawyers have also successfully litigated and tried cases in bankruptcy court and state and federal court. Our view is that creditors need lawyers who are equally comfortable representing creditors in the courtroom and in out-of-court negotiations. We understand that distressed transactions require both zeal and creativity, and often require a lawyer to think both as a transactional lawyer and a trial lawyer. Our lawyers have substantial experience representing the following types of clients:

• National Banks, Regional Banks, Local Banks and Bank Holding Companies.
• Equipment Finance Companies
• Landlords
• Indenture Trustees
• Purchasers of Assets from Bankrupt Entities
• Purchasers of Assets from Distressed Entities Outside of Bankruptcy
• Unsecured Creditors
• Critical Vendors
• Investors in Distressed Companies
• Receivers
• Reclamation Creditors

Representative Cases:

• Richard McCluhan Associates, Inc. v. Shari Candies, Inc., 2005 WL 2130214, 57 UCC Rep.Serv.2d 988 (Minn. Ct. App. 2005, Case No. A05-161)
• In re Associated Wood Products, Inc., 323 B.R. 479 (Bankr.D.Minn., 2005)
• In re Power Equipment Co., LLC, 309 B.R. 552 (8th Cir. B.A.P. 2004)
• Taylor Inv. Corp. v. Weil, 169 F. Supp.2d 1046, 44 UCC Rep.Serv.2d 382 (D.Minn. 2001)
• Digital Resources LLC v. James Loestetter, et al., 246 B.R. 357, (BAP 2000)

Contacts for Bankruptcy, Workout, Creditor’s Remedies and Restructuring: Gregory M. Erickson