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Overview

Hirschler’s bankruptcy team has represented creditors, be they secured, unsecured, administrative, priority, or otherwise, in all manner of bankruptcy, restructuring, workout, and litigation matters.  We have skillfully guided secured creditors through relief from stay, adequate protection, plan confirmation, repossession, and foreclosure proceedings.  Likewise, we have assisted unsecured creditors, including landlords, in their pursuit of claims and asset recoveries and their service on creditors committees.  We routinely pursue actions for claims allowance and payment. 

On the defense side, we have represented clients named in bankruptcy and non-bankruptcy avoidance actions and similar proceedings brought by debtors and trustees, including defending against preference and fraudulent transfer claims, claims disallowance, lien avoidance, and equitable subordination.

When representing creditors committees in chapter 11 cases, our team has but one goal:  maximizing the recovery for unsecured creditors in an effective and cost-efficient manner.  We do not take a scorched earth approach, but rather an approach that is designed to maximize value.  This has enabled our team to successfully represent committees on issues related to cash collateral, debtor in possession financing, lien challenges, assets sales, substantive consolidation of debtor and non-debtor parties, claims objections, and creditor distributions.

Experience

Experience

Official Committee of Unsecured Creditors for Dynamic Construction, Inc.

Hirschler served as counsel to the committee in the chapter 11 bankruptcy case of Dynamic Construction, Inc. in the United States Bankruptcy Court for the Western District of Virginia.  We successfully advised the committee in the negotiation of a consensual reorganization plan that resulted in a recovery for the unsecured creditors that was greater than what would have been achieved in a liquidation.

Howard Delivery Service

When the unsecured creditors of a bankrupt trucking company in West Virginia were about to have their claims subordinated to the claims of a global insurance company, one of Hirschler’s bankruptcy attorneys represented the Official Committee of Unsecured Creditors and successfully took the matter all the way to the United States Supreme Court, winning an important victory in the area of claim priorities.

Official Committee of Unsecured Creditors of Shenandoah Family Farms

Hirschler served as counsel to the committee in the chapter 11 bankruptcy case of Shenandoah Family Farms in the United States Bankruptcy Court for the Western District of Virginia.  Hirschler guided the committee through several negotiated and Court approved asset sales that maximized recoveries.

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