Overview

“The firm is terrific – I get fantastic guidance and assistance.”

“They always make sure everything is fine for me as the client – they do excellent work.”

– Chambers USA 2016


Bayard Business Restructuring and Insolvency attorneys:

  • have a long history of providing services in bankruptcy cases to troubled private and public companies, trustees, lenders, boards of directors, purchasers and official committees of unsecured creditors, equity holders and retirees.
  • have participated as lead, local or conflicts counsel in many significant bankruptcy cases in the Delaware Bankruptcy Court and across the country over the last three decades.
  • are very experienced in state court insolvency proceedings, including assignments for the benefit of creditors, dissolution proceedings, receiverships and insurance company rehabilitations/liquidations.
  • are familiar with and appear regularly in the State of Delaware Chancery Court.
  • are adept at out-of-court restructurings and dispositions of distressed assets.
  • represent clients across a broad spectrum of business sectors, including energy and utilities; financial services and banking; chemical; manufacturing; insurance; automotive; airline; transportation; professional services; communications; tourism; municipal; retail; construction; packaging; technology; electronics; healthcare; media; fast food; and real estate.
  • routinely present and write on matters concerning all areas of business restructuring and insolvency.

Bankruptcy

The United States Bankruptcy Court for the District of Delaware is one of the foremost bankruptcy venues in the country. It is a forum of choice for many businesses because of the legal sophistication, responsiveness and efficiency of it Bankruptcy Judges. It is also a forum of choice because Delaware is the domicile of many business entities formed under Delaware law.

Bayard attorneys have practiced bankruptcy in the United States Bankruptcy Court for the District of Delaware, and elsewhere, for three decades. They have many years of experience in the field of commercial bankruptcy and are conversant with its evolution. They are intimately familiar with bankruptcy practices, procedure and expectations in the Delaware Bankruptcy Court. They are also knowledgeable regarding capital markets and Delaware business entity law, areas of practice that are frequently implicated in bankruptcy cases.

Bayard attorneys represent a broad range of parties in the bankruptcy context.

Bayard attorneys represent publicly and privately held businesses as debtors.

Recent representative cases are:
Allonhill, LLC
Ambient Corporation
Archetypes, Inc.
Capsule International Holdings, LLC
Carl’s Patio, Inc.
Indianapolis Downs, LLC
Liberty Healthcare Group, Inc.
Northstar Aerospace (USA), Inc.
PJ Financing Company, LLC

Bayard attorneys represent official committees of unsecured creditors.

Recent representative cases are:
AbitibiBowater Inc.
Altegrity, Inc.
Caché, Inc.
Capmark Financial Group, Inc.
Endeavour Operating Corporation
Frederick’s of Hollywood, Inc.
MiddleBrook Pharmaceuticals, Inc.

Bayard attorneys represent official committees of equity holders.

Recent representative cases are:
Accuride Corporation
Point Blank Solutions, Inc.
The Dolan Company
Trident Microsystems, Inc.

Bayard attorneys represent ad hoc groups of creditors.

Recent representative cases are:
Caesars Entertainment Operating Company, Inc.
School Specialty, Inc.

Bayard also routinely represents trustees, purchasers, landlords and creditors, as well as parties subject to avoidance and other litigation proceedings, in bankruptcy cases. Its attorneys have also represented several committees of retired employees.

Bayard provides bankruptcy legal services in cases across a broad spectrum of business sectors including: energy and utilities, financial services and banking, chemical, manufacturing, insurance, automotive, airline, transportation, professional services, communications, tourism, municipal, retail, construction, packaging, technology, electronics, healthcare, media, fast food and real estate.

Click here to view the Delaware Bankruptcy Court local rules

Other Insolvency & Dissolution Proceedings

The Court of Chancery of the State of Delaware has jurisdiction to resolve disputes arising under Delaware’s business entity laws and to supervise various insolvency proceedings. It is a forum of choice for the many businesses formed under Delaware’s business entity laws. The Chancery Court is a preferred venue because of the legal sophistication, experience and efficiency of its Chancellor and Vice-Chancellors.

Bayard attorneys regularly appear in the Delaware Court of Chancery and have significant experience before the Chancery Court representing parties in dissolution proceedings; assignments for the benefit of creditors; receiverships; and insurance company receiverships and liquidations. Bayard attorneys are skilled and knowledgeable about these insolvency proceedings.

State Court Receiverships

Representative cases are:
AE Light Metal Casting Georgia, Inc.
Preferred Communication Systems, Inc.
Talsico, LLC

Dissolutions

Representative cases are:
AE Light Metal Casting Georgia, Inc.
Lund International, Inc.
QMeds, Inc.
RyMed Technologies, Inc.
VSLC, Inc.
Xylos Corporation

Assignments for the Benefit of Creditors

Representative cases are:
Accelight, Inc.
Lasercomm, Inc.
National Syndications, Inc.

Insurance Receiverships and Liquidations

Representative cases are:
Consumer United Insurance Company
HCRRG
Ullico Casualty Company

Click here to view the Delaware Court of Chancery rules

Out of Court Restructuring

For some businesses, the best solution is not through the judicial system. Out of court restructurings, sales and purchases of distressed assets, friendly foreclosures and deeds in lieu of foreclosure may be viable alternatives to bankruptcy or other insolvency proceedings. Bayard attorneys have substantial experience in this non-public area of practice. They have handled complex out of court restructurings that involved private re-financings and dispositions of distressed assets.

Our Team

Scott D. Cousins

Director

Charlene D. Davis

Director

GianClaudio Finizio

Director

Neil B. Glassman

Director

Justin R. Alberto

Director

Evan T. Miller

Associate

Gregory J. Flasser

Associate

Erin R. Fay

Counsel
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