Whether providing litigation advice and/or first chair representation in contested matters, adversary proceedings, and appeals in restructuring-related matters, our bankruptcy litigators are equipped to effectively represent clients both in and outside of formal proceedings.

Reed Smith’s bankruptcy litigation team is highly experienced, regularly handling complex litigation involving financially distressed companies transactions , working across the entire lifecycle of restructuring and collection remedies (either on the debtor or creditor side). 

We have deep experience in litigating all types of bankruptcy litigation in court, including disputes relating to the avoidance of alleged fraudulent or preferential transfers, alleged breaches of fiduciary duties, assumption and assignment in executory contracts, enterprise or other valuation, debtor-in-possession financing, and plan confirmation.  We have also represented parties in class actions in or related to bankruptcy cases and various stages of bankruptcy appeals.

We combine our substantive experience with a business-minded and pragmatic approach to our representations, whether advice and counseling, out-of-court negotiations, mediation, arbitration (domestic and international), or in-court representations. 

Our corporate trust and loan agency attorneys have decades of experience navigating the most complex domestic and international defaults and bankruptcy situations.

Few firms can match the global breadth of Reed Smith's experience representing corporate trustees and financial institutions as agents in defaults, restructurings, workouts, bankruptcies and insolvencies involving securities issued by domestic and foreign corporations, municipalities, U.S. territories and foreign sovereigns.

A creditor’s committee holds a unique position in the US Bankruptcy System – it has the potential to ensure a meaningful voice in a debtor’s reorganization and provides a significant check on previously unmonitored debtor actions. Doing so requires counsel with a unique skill set which includes business acumen, governance experience and – when necessary – the litigation experience to bring the committee’s voice to the forefront.

Reed Smith’s lawyers representing creditor committees bring those multi-faceted skills to bear for committees of varying size and complexity.

Having represented committees in some of the busiest jurisdictions across the United States – and in various local jurisdictions – in various industries ranging from healthcare to manufacturing and steel to energy and natural resources, Reed Smith’s lawyers bring their extensive first-chair experience to the representation to critically impact the cases where they are engaged.

Our experienced team knows how to bring litigation and business resources to bear in its cases at a value required in bankruptcy cases.

Our team has deep experience in developing liability management solutions in distressed situations and advising boards of directors. We represent companies of all sizes and in all industries, with a particular emphasis on advising mid-sized companies with outsized problems. Our team endeavors to reach consensus with stakeholders to achieve out-of-court solutions. We also have substantial experience in chapter 11 reorganizations and liquidations, 363 sales, Article 9 foreclosures, receiverships, and ABCs, across a variety of industries.

Reed Smith’s global distressed investing and special situations team brings to bear cross-border and industry expertise to meet the needs of investment funds, asset managers, trading desks, and other clients in all phases of distressed and special situations investing. Our multi-disciplinary team provides targeted, commercial advice drawn from our experience in the most complex restructurings, as well as event-driven opportunities.

Our restructuring lawyers work collaboratively to provide cohesive advice on equipment finance workouts, both locally and internationally. Our team, which includes former in-house lawyers, has a market-leading reputation for providing legal services to our clients in the equipment finance industry and advising on all forms of lease transaction structures, including operating and capital leases, cross-border leases, sale and leaseback transactions, TRAC leases and synthetic leases, as well as portfolio acquisitions and sales and restructurings. Where needed, we can also assist with related regulatory and corporate matters, dispute resolution (including arrests and enforcement procedures) and restructurings.

Reed Smith's restructuring and insolvency team is especially adept at advising on complex and cross-border restructuring and insolvency transactions. The group has been involved in many of the largest debt renegotiations, workouts, restructurings and insolvency proceedings in the UK and internationally. Our team are known for helping clients know their options in restructuring and insolvency matters, and finding the best solution for them rather than taking a ‘one size fits all’ approach.

Cross-border insolvency matters can quickly become complex, with assets or businesses of debtors located in multiple jurisdictions, often with differing laws, being managed by local courts. Our team regularly advises on matters where these issues come into play, and work seamlessly across jurisdictions with colleagues and a trusted network of peers to provide our clients with multi-jurisdictional guidance that supports them in their role as creditors or debtors.

We represent the full spectrum of clients in the restructuring and insolvency space including borrowers, landlords, lessors, secured and unsecured creditors, directors, investment funds, borrowers, indenture trustees, agents and regulators across all industries.

We advise on the full range of out-of-court workout agreements for creditors, lessors and debtor-borrowers, debtor-in-possession financings, debt-for-equity swaps, purchases and sales of distressed debt, cross-border real property and personal property collateral issues, securitizations, derivative contracts, rescue packages, corporate restructurings, debt refinancings and UK schemes of arrangement, state and federal receivership actions, and assignments for the benefit of creditors.

We regularly advise on formal insolvency filings and processes, fraudulent conveyance or voidable transaction issues and the sale and purchase of the business and assets of distressed companies.

Our restructuring & insolvency team regularly represents secured lenders, agents for lender groups, private equity and other funds and ad hoc groups both in and outside of formal litigation proceedings, working across the entire lifecycle of distressed loans including enforcement and restructuring.

We regularly advise clients as to pros and cons, risks, business strategies, and provide representation in the resolution of pre-bankruptcy litigation filing disputes, and, if a bankruptcy or other litigation filing occurs, inform of legal options, identify rights and claims, and navigate the process as efficiently and effectively as possible.

Our sophisticated transactional lawyers understand the structures of complicated contractual obligations, complex financial transactions, and the rights of lenders and creditors in a distressed setting. We are skilled at presenting out-of-court consensual solutions which might temporarily address a distressed situation, giving a borrower time to recover, adjust its business strategy, and avoid an in-court dispute, whether bankruptcy or other litigation.