Dilworth’s Bankruptcy & Insolvency Group is one of the largest bankruptcy, debtor, and creditor rights and insolvency practices in the Philadelphia region. Our lawyers regularly represent commercial borrowers and debtors, secured lenders, unsecured trade creditors, and Chapter 7 and 11 trustees in a wide variety of industries and cases. Our representation of these diverse, and philosophically adverse parties, provides our lawyers with the unique ability to appreciate, understand, and quickly analyze the key issues faced by each of these parties.
Dilworth Paxson’s Bankruptcy & Insolvency Group has lawyers who focus on Chapter 11 cases and state-court insolvency proceedings and maintain a litigation-oriented practice, as well as lawyers that focus their transactional skills on out-of-court workouts and debt restructurings. Our lawyers have represented clients in bankruptcy and insolvency proceedings across the nation and proactively address and defend our clients with an eye to a prompt, favorable, and cost-effective resolution.
The cumulative experience of the members of the Bankruptcy & Insolvency Group has proven invaluable in recognized industry groups ranging from chemicals, coal, commercial real estate development, health care, and hospitality to publishing, retail, telecommunications, and technology.
The firm has represented:
- The Philadelphia Orchestra as Debtor’s counsel in its successful Chapter 11 bankruptcy proceeding.
- The Please Touch Museum as Debtor’s counsel in its Chapter 11 reorganization through a confirmed plan in the Eastern District of Pennsylvania.
- The publisher of the Philadelphia Inquirer and Philadelphia Daily News and various subsidiaries as debtors in vigorously contested Chapter 11 cases.
- Various trade creditors in complex Chapter 11 cases in Delaware and New York negotiating various agreements to ensure payment of the client’s pre-petition claims and waiver of potential preferential transfer claims. One of the highlights of these representations was on behalf of The Dow Chemical Company, in which we secured an opinion of first impression that section 502(d) of the Bankruptcy Code cannot be used to disallow a section 503(b)(9) administrative claim for goods sold to a debtor within 20 days of its petition date.
- Measat Satellite Systems, a Malaysian communications company, as a bidder in a 363 sale and auction with respect to an orbiting satellite owed by Debtor, ProtoStar I Ltd., which ultimately sold for more than $200 million in the United States Bankruptcy Court for the South District of New York.
- PNC Bank, Investors Bank and other national banks and financial institutions: in loan documentation and collateral review and enhancements; out-of-court workouts and forbearance arrangements; state and federal court replevin actions, receiverships and foreclosures; restructures of non-performing and/or underperforming structured financings and securitizations; and the sale or collection of non-performing loans.
- A series of hotels, as Debtor’s counsel in Chapter 11 cases, subject to approximately $100 million in pre-petition debt mostly held by tax exempt New York IDA bonds.
- Telecommunications company Limitless Mobile, LLC as debtor in its successful restructuring in the Bankruptcy Court for the District of Delaware. During the representation Dilworth negotiated settlements with the company’s major secured creditors for discounted payoffs and assisted the debtor with a sale of FCC licenses that the company no longer needed for its business model. These steps allowed the company to attract additional investment capital and emerge from bankruptcy as a debt-free operating business.
- Prestige Industries, LLC, the largest supplier of commercial laundry services in the New York City market as debtor in a successful Chapter 11 case in which the senior debt was refinanced and the business was subsequently sold after an auction over the objections of the largest creditor.
- Wordsworth Academy and its affiliates as debtors in a successful Chapter 11 reorganization through a plan in the United States Bankruptcy Court for the Eastern District of Pennsylvania. The Chapter 11 reorganization was accomplished in a six month period, allowing the organization to continue serving the community following a combination with another nonprofit entity.
- Several Chapter 7 and Chapter 11 Trustees, including the Chapter 7 Trustee in the Tweeter Opco LLC cases, and the IH1, Inc. f/k/a Indalex cases in the United States Bankruptcy Court for the District of Delaware.
- Ongoing representation of a Philadelphia based nonprofit behavioral healthcare facility as Debtor’s counsel in Chapter 11 proceedings which involves significant asset sales and financial reorganization of the debtor’s healthcare operations.