Bankruptcy and Debt Restructuring
This area of the practice requires different skills from the lawyers for each side. Restructurings and bankruptcies are a combination of business transaction and litigation. For the best representation, it is imperative that the attorneys have both broad litigation and practical business law experience. At the same time, it is advantageous to have a firm which also has other disciplines such as real estate, corporate finance and employment law readily available to draw on for any specialized expertise. SWF offers just that mix.

The goal in representing the client is to avoid bankruptcy if at all possible and effectuate an out of court workout. This requires special talent and a good working knowledge of many areas of the law. The attorneys within our group have a diverse background of experience and expertise in business and real estate law as well as litigation and have tried numerous jury and non-jury cases in state and federal courts throughout the United States. If an out of court workout is not possible, we are not afraid to litigate and go to court. Our attorneys have experienced and litigated all sides of almost all issues which arise in bankruptcy and insolvency cases. The diversity of our firm also gives us an advantage over “boutique” bankruptcy firms or firms which practice bankruptcy as an adjunct because, in addition to our experienced bankruptcy lawyers, we are also able to draw upon lawyers experienced in labor and employment law, real estate, mergers and acquisitions, and securities and corporate finance for special expertise when necessary.

We have vast experience in handling virtually every type of issue that arises in bankruptcy reorganization and liquidation cases, as well as, receiverships and have represented lenders, debtors, trade creditors, secured creditors, landlords and other parties in these proceedings. We have experience litigating contested Chapter 11 confirmation proceedings, debtor-in-possession financing requests, fraudulent conveyance issues, valuation disputes, preferences, fraudulent transfers, lease assumptions and rejections, equitable subordination, requests for relief from the automatic stay, contested matters and adversary proceedings, appointment of a trustee, as well as, retiree issues. Our attorneys have appeared in cases in Georgia and across the country including California, New York, Delaware, Florida, Tennessee, Alabama, North Carolina, and Texas. 

Experience
The cases and matters our firm has handled include:

• Representing the retired pilots of Delta Air Lines in New York
• Representing the Official Committee of Partners which consisted of several hundred former partners of the accounting and consulting firm of Pannell Kerr and Foster in the confirmation of a plan in the case of Madison Associates, Ltd. in Los Angeles
• Representing the bondholders of a major hospital in St. Louis in the preparation and confirmation of a successful plan of reorganization
• Representing a public company in North Georgia in its successful Chapter 11 reorganization
• Representing institutional creditors in numerous bankruptcies in Georgia and other states
• Representing numerous real estate entities in Chapter 11 proceedings in Georgia
• Representing commercial landlords in connection with rejection, assumption and assignment of leases
• Negotiating out of court restructurings and workouts for many privately held companies and high net worth individuals to avoid bankruptcy
• Representation of Chapter 7 trustees as special counsel in avoidance and preference actions

The group is led by John Christy. For any questions or additional information about our insolvency and bankruptcy practice please contact John at 404-954-9819 or at jchristy@swfllp.com.