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.

Texas Employment Law Attorneys

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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
Highly recommend. Was very friendly and professional and gave me great advice.
- Jonathan Roklen
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With the obvious stresses of needing an attorney aside, we have had the pleasure of having above and beyond, expert and professional assistance from a few of the departments at this firm. We have also had some wonderfully spirited conversations. Which leads me to Robert Lovein. Robert Lovein is a very genuine man who takes his role very seriously and provides a sense of confidence when speaking with him. My interactions have left me feeling he understands that there are people behind the walls of businesses, that it is never just a cut and dry solution, and some occasions require more hand holding than others. We contacted him in a tough situation as a new business and his response was exemplary. I had contacted other firms as well and was very put off with the cavalier attitudes of some, almost disinterested and robotic responses were off-putting. Truth be told, it was an unimpressive search until I came across Lovein and Ribman. Lovein and Ribman make you feel like you are in the right hands immediately. I did not expect to hear from the top rung of attorneys right away when I called. But I was immediately put in exactly that level on my first call. That is an important first impression. I knew immediately that we had found our firm to assist and guide us through the coming years. I look forward to a long relationship with them helping us when it is needed. We always hope to not need an attorney, but knowing the firm is there, is a tremendous sense of peace.
- ADMIN NKDR
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We were having trouble with the contractor who did the mitigation and we went in the contract with them for the remodeling. Despite prior agreement, the contractor refused to perform the scope of work as agreed and refused to provide a refund of our deposit despite our request. We have made attempts to communicate with the contractor via email, but unfortunately, our inquiries were ignored. In an effort to resolve the issue, we scheduled a consultation with the law firm of Lovein & Ribman, and through our consultation with Robert, we were provided with valuable guidance and support. We found Robert to be not only highly knowledgeable in his field but also a VERY kind human being who courteous, and committed to helping us navigate this situation. We have had to work with several attorneys over the years through various situations, and Robert stands out as one of the most exceptional. What sets him apart is his genuine commitment to helping his clients, rather than just focusing on the financial aspect of a case. Our experience with Robert was a true reflection of this approach, as he treated us with care and compassion, never making us feel like just another paycheck. His level of professionalism and dedication to his clients is truly admirable, and we highly recommend his services to anyone seeking assistance. WORTH every penny spent!!
- Tutti-Daniel Green-Wolterman
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He was effective, and had good communication with me. I will definitely use him again.
- Kristina Norlander
"There are so few attorney's that listen to their clients and give you full respect when communicating situations that are life changing. Most important, Lovein Ribman have a full service Team making their clients feel Number #1 to be served and responsive within timely manner. Having an honest attorney with high integrity are NOT just words Lovein Ribman exemplifies those qualities."
- Enchanted Real Estate Management, LLC
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Mr. Lovein listened to our grievances. His response was immediate and handled in a thoroughly professional manner. We are so very grateful for the services provided and recommend this firm without reservation.
- Lou
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