Bankruptcy Law

Reorganizing and Restructuring Debt

As with most areas of the law, the Bankruptcy Code is comprised of a complex set of statutes that can seem daunting and prove challenging for even the most experienced practitioners. Lovein Ribman, P.C. has built its reputation on providing our clients with cost-effective, creative, and efficient solutions to some of the most challenging legal problems in the industry. Whether you are a debtor considering filing bankruptcy, a business in need of reorganization or restructuring advice, or a creditor in need of representation and guidance throughout the bankruptcy process, the attorneys at Lovein Ribman, P.C. are experienced, knowledgeable, and capable in handling insolvency-related matters whenever they might arise. To discuss your options, contact us by submitting the Contact Form or by calling us at (888) 368-2483 to talk to one of our bankruptcy attorneys.

Negotiating Debts Outside of Bankruptcy

There is no law that prohibits parties from renegotiating the terms of a debt, contract, or other liability or obligation outside of bankruptcy. In fact, the renegotiation and restructuring of debts outside of bankruptcy is fairly common. As a matter of general expedience, a creditor is more likely to receive payment of all or part of its debt more quickly than if the debtor files bankruptcy, which by imposition of the automatic stay, will halt all collection efforts upon filing of the bankruptcy petition. Additionally, as a matter of expense, it can be cost-prohibitive for a creditor to file a lawsuit or pursue claims against a debtor in bankruptcy, whereas if the creditor is willing to work out a repayment plan with the debtor, it allows the debtor to continue operating without having to file for bankruptcy, which in turn should increase the chances that the debtor will be able to repay its debt(s). The considerations and issues that should be addressed when determining whether a reorganization or repayment plan should occur out of court or under court supervision are numerous and should not be undertaken without the experience and guidance of an experienced restructuring attorney.

Work-Out Plans

A work-out plan is an alternative arrangement for the repayment of a debt or debts between a financially-distressed debtor and its creditor(s) that occurs outside of the bankruptcy process. In lieu of bankruptcy and/or the exercise of the creditor’s remedies—such as filing a lawsuit, repossession, or foreclosure—a creditor may elect to work with a financially troubled debtor for repayment of a debt, rather than against it. Typically, the primary goal of a work-out plan should be to improve the debtor’s financial condition while also providing assurances to the creditor that the debtor will repay its debt(s). An example of a fairly common work-out plan would be for a creditor to extend additional credit or advance new funds in exchange for the pledge of new collateral, which in turn, improves the creditor’s position while also increasing the chances of making the debtor’s business viable.

Is an Out-of-Court Reorganization or Work-Out Plan Right for Me?

In most cases, it is more advantageous for a creditor to work with a financially-distressed debtor than pursue other remedies, such as foreclosure or bankruptcy. However, when the economics of the situation are such that an out-of-court workout will not be feasible, bankruptcy is likely the better option. The first step both parties must take before committing to anything is evaluate their position. For a creditor, it must evaluate and understand its exposure. For a debtor, it must be able to provide assurances to the creditor that it will be able to repay its debt(s), which may include pledging collateral or making a personal guaranty to provide assurances that the debt will be repaid.

Before deciding whether to pursue an out-of-court reorganization or work-out plan, the creditor and debtor must both first perform an honest evaluation of the debtor’s financial condition, including taking inventory of its assets, liabilities, incomes, expenditures and other related financial affairs. The attorneys at Lovein Ribman, P.C. use our collective knowledge of insolvency-related matters to provide guidance and assist in counseling our clients in all matters related to financial restructuring, loan workouts, reorganization efforts, debt management, and other related risk management matters. Our goal, whether pursuing liquidation or reorganization, is to carefully prepare, provide, and implement a plan that is strategically-tailored to the needs of our clients and the situation at-hand.

IF YOU ARE IN NEED OF REPRESENTATION WITH RESPECT TO AN OUT-OF-COURT WORK OUT PLAN FOR THE RENEGOTIATION OF A DEBT, CONTRACT, OR OTHER LIABILITY, PLEASE CONTACT US AT (888) 368-2483 FOR A NO OBLIGATION CONSULTATION TO DISCUSS THE OPTIONS THAT ARE AVAILABLE TO ENFORCE YOUR RIGHTS AND MAXIMIZE RECOVERY BEFORE, DURING, OR AFTER A BANKRUPTCY PROCEEDING IS INITIATED.

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Robert M. Lovein

About the Author

Robert M. Lovein is the Managing Partner at Lovein Ribman, P.C. , a Texas-based construction law firm.

He is Board Certified in Construction Law by the Texas Board of Legal Specialization and brings nearly 30 years of experience representing contractors, business owners, and professionals across Texas.

Submit this Simple Form or Call (888) 368-2483 to Talk to a Construction Attorney
Matt is a wealth of expertise. Also, they have one of the most beautiful offices I’ve seen in years.
- Nicholas P Pinelli
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Lovein Ribman has been our corporate general legal counsel for 15 years. Being a national company, it is necessary for us to interface with multiple law firms in many states. I never take any legal steps without first consulting Lovein Ribman. Robert Lovein and his team of attorneys are beyond top-notch. They have consistently been rock solid in their ability to quickly dissect and assess complex legal issues and formulate brilliant legal responses and defense strategies that continue to amaze me. I appreciate our long relationship together. Robert has pulled off miracles for us, time and time again. More than anything, Lovein Ribman leaves us feeling comfortable, well represented and protected.
- Scott Zibull, Owner - K SIMON CONSTRUCTION
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For any contractor that is looking for professional and responsive representation, Lovein Ribman, P.C epitomizes that firm. Nick Messina handled my case with diligence and ensured that I was aware of everything that was going on as soon as new information were available. He is knowledgeable of the laws and diligent with his request. Highly recommended.
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"Top notch experience in construction law representation. You can't go wrong with Lovein/Ribman. Don't take a chance when you're fighting for your reputation, choose a winner from the start and save yourself the headache!"
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"I want to thank the Law Firm of Lovein Ribman and especially attorney Alessandro Pauri. I had a customer who did not want to pay and with the help of Mr. Pauri I recovered the debt. If it weren't for his dedication and intelligence, I would not have prevailed. Thank you!"
- Blue Lake Roofing & Supply
I had a great experience with the assistance I received with Lovein Ribman and feel blessed to have found their company. The people that work there are exceptional and I have enjoyed working with them. Thank you. A+ service. Although I hope I do not need legal assistance in the future I know they are there for me if any unfortunate events occur and I can count on them to resolve the problem. Thank you, Mary Wernsman Williams and Sons Masonry Co., LLC
- Mary Wernsman
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