Dallas Commercial Bankruptcy Attorneys
Headquartered in Dallas, our firm represents Texas-based companies and other interested parties in corporate restructuring and commercial bankruptcy matters (Chapter 7 & 11).
For distressed companies, finding a way forward in the midst of financial turmoil can present major challenges. At Oberheiden P.C. we tackle these challenges head on for companies in Dallas and throughout Texas, and we work to find creative, practical, and cost-effective solutions that provide our clients with the liquidity they need to stay in business. While filing for bankruptcy will sometimes be necessary – and is not necessarily a bad choice – in many cases companies will be able to pursue non-judicial alternatives that provide more efficiency and offer greater flexibility to maximize the value of the undertaking.
When is it time to restructure or reorganize? When is it time to recapitalize, liquidate, or initiate bankruptcy proceedings? These are not easy questions to answer, but they are extremely important questions that require a diligent and forward-looking approach.
Our Corporate Restructuring and Commercial Bankruptcy practice is devoted to helping companies come out of distressed situations on solid financial ground. With centuries of combined experience, our attorneys have represented public and private companies in an extremely broad range of scenarios. From companies facing decreased demand for their products and services to companies facing insurmountable liability resulting from civil litigation and federal law enforcement proceedings, we have seen it all, and we have had significant success helping our clients find viable ways forward.
About Our Corporate Restructuring and Commercial Bankruptcy Practice
Within our Corporate Restructuring and Commercial Bankruptcy practice, we represent distressed companies as well as boards of directors, management teams, and company owners with respect to non-judicial workouts and federal bankruptcy matters. We also represent investors, lenders, creditors, and other interested parties that are facing losses as a result of corporate restructurings and bankruptcy filings. Regardless of your specific legal needs, our attorneys can provide you with strategic advice and effective representation, and we can help you achieve a positive result taking into account the specific circumstances at hand.
Our services in the areas of corporate restructuring and commercial bankruptcy include:
Corporate Restructuring and Reorganization
When undertaken strategically and with appropriate timing, corporate restructurings and reorganizations can offer significant financial relief and additional liquidity to companies that are distressed for a variety of different reasons. We help companies decide whether (and when) to restructure or reorganize their debts, and we work closely with our clients’ leadership teams to help them choose the most-advantageous path forward.
In the non-judicial (i.e. pre-bankruptcy realm), companies will often have several options for restructuring and reorganizing their debts. Our attorneys will thoroughly assess the legal, financial, and practical implications of all of the options that your company has available, and we will provide detailed recommendations so that you can make informed decisions about what is best for your company and its shareholders.
Financial recapitalization is another option for companies that need to free up cash in the short term. Whether your company’s debt load has become unmanageable, your company’s share price has dropped significantly due to unexpected market factors, or you need to raise cash in order to fend off a hostile takeover attempt, recapitalizing may be a viable option for getting your company where it needs to be.
From exchanging debt for equity to issuing bonds to reacquire company shares, there are various ways that companies can execute financial recapitalizations focused on shoring up their financial standing and improving their liquidity. As highly-experienced corporate counsel, our Dallas-based attorneys can quickly assess your company’s financial condition and determine which options make sense in light of its present circumstances and your future goals.
Distressed Mergers and Acquisitions (M&A)
Mergers and acquisitions represent a subset of corporate practice, and distressed M&A represents an even more niche area of the law. Our attorneys are skilled at representing distressed companies, and we can advise and represent your company as it prepares to buy, sell, or merge with an existing affiliated or unaffiliated entity.
We also represent creditors, investors, venture capital firms, and other entities in the acquisition of distressed companies. If you have identified an opportunity to acquire a struggling company for value and are ready to move forward, our attorneys can execute the transaction seamlessly and with your specific goals and targets in mind.
If your company is struggling financially and you are contemplating a Chapter 7 or Chapter 11 bankruptcy, our attorneys can help you make sure that filing for bankruptcy is the right decision for your company and its shareholders. We offer in-depth insolvency counseling that focuses on not only evaluating the prospects of bankruptcy, but evaluating the alternatives that your company may have available as well.
For companies of all sizes in Dallas and other major cities, facing insolvency is a serious matter that has implications far beyond the need for financial relief. We help our clients examine these implications and make strategic decisions that are focused on protecting the company’s bottom line, reputation, employees, shareholders, and more.
Chapter 7 Bankruptcies
If liquidation is your company’s best or only option, then you will be looking at making a filing under Chapter 7 of the U.S. Bankruptcy Code. A business bankruptcy under Chapter 7 involves terminating the company’s operations and appointing a trustee to liquidate the company’s assets in order to satisfy its debts to the extent possible.
Obviously, filing for a business bankruptcy under Chapter 7 is an extreme measure; and, while it will sometimes be necessary, it can often be avoided. When we counsel clients that are contemplating Chapter 7 liquidation, we make sure that this means of last resort is truly the right choice and that there are not business-saving alternatives available.
Chapter 11 Bankruptcies
Filing for bankruptcy under Chapter 11 is very different from filing under Chapter 7. In a Chapter 11 bankruptcy, the company’s debts are restructured in such a way that the company is able to meet its ongoing payment obligations while remaining in business. If your company is facing insolvency and a Chapter 11 filing makes sense, our Dallas attorneys can guide your company through the process and establish a restructured debt load that it can manage as it works toward sustainable profitability.
Chapter 11 restructurings can take many different forms; and, when going through the bankruptcy process, it is absolutely imperative that the company’s leaders make informed decisions based on the company’s specific financial needs as well as their specific long-term objectives. Our attorneys help our clients thoroughly examine all pertinent considerations and pursue a bankruptcy strategy that is tailored to their desired result.
We also provide representation for creditors of distressed companies. This includes specifically providing representation for creditors’ committees in Chapter 11 bankruptcy proceedings. If your company is facing a substantial loss on an unsecured debt as the result of a client’s or customer’s Chapter 11 filing, we can engage in the bankruptcy process on your company’s behalf to make sure it is treated fairly during the process.
Debtor-in-Possession and Exit Financing
Debtor-in-possession financing is a unique aspect of Chapter 11 bankruptcy that allows distressed companies to obtain unsecured credit in the ordinary course of business without court approval. Debtor-in-possession financing is also available for unsecured credit outside of the ordinary course of business subject to the approval of the bankruptcy court. We represent debtors and creditors in debtor-in-possession transactions and in all related court proceedings in Dallas and throughout Texas.
Our attorneys also represent debtors and creditors in exit financing transactions. Exit financing is used to get debtors out of Chapter 11 by fully funding their restructured debt plans. Exit financing plans are subject to confirmation by the bankruptcy court, and our attorneys provide representation for the confirmation process as well.
For distressed companies seeking to avoid bankruptcy and preserve their relationships with their vendors and creditors, renegotiating their agreements prior to insolvency can often provide substantial benefits. In addition to handling pre-judicial restructurings and reorganizations, we also work with our clients to assess which of their contracts they may be able to renegotiate, and then we work to renegotiate workable terms on their behalf. In many cases, renegotiating in order to avoid bankruptcy will be in both parties’ best interests; and, when this is the case, our attorneys can leverage the circumstances at hand to obtain favorable contract terms that offer prolonged financial stability.
How can we help you? If your company is in financial distress, if one of your company’s clients or customers has filed for bankruptcy, or if you are simply seeking to leverage new financial opportunities, our attorneys can get you where you want to be. For more information, schedule a free consultation today.
Schedule a Free Consultation with a Dallas Commercial Bankruptcy Lawyer at Oberheiden P.C.
If you have questions about corporate restructuring or commercial bankruptcy and would like to speak with an attorney, we encourage you to get in touch. To speak with a senior attorney at our firm’s headquarters in Dallas, please call 888-680-1745 or inquire online today.