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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Have worked with many law firms all over the U.S. since we are a multi-State contractor. This firm is one of the best. They are very professional and well versed in the law and yet makes you feel like they are part of your everyday management team! I highly recommend this firm!
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"Lovein Ribman is the kind of firm you want representing your interests. They have represented our company for over a decade with proven results. Robert Lovein is a litigator, through and through, and is aggressive when you need him to be. The attorneys at Lovein Ribman go out of their way to make themselves available to their clients and are professional, caring, and tough."
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"Our company depends upon receiving specialized expert legal advice, coupled with an in depth understanding of construction. The attorneys at Lovein Ribman have fulfilled this role for years. Recently they played a major part in negotiating a $1,750,000.00 change order and through civil litigation recovered $750,000.00 in delay damages from a public entity. They’re intelligent, aggressive, and do an excellent job at assessing risk. I have great respect and trust for the lawyers at Lovein Ribman."
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"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."
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Robert Lovein is a class act. Bob has assembled an exceptional team of professionals. Most recently, I had the opportunity to work with David McDevitt at Lovein Ribman. David impressed me with his knowledge of: the law, the rules of civil procedure and (most importantly) his attention to detail. David McDevitt is one of many outstanding professionals at Lovein Ribman. Their billing was very fair. I wouldn't hesitate to hire them again and I give them my highest recommendation.
- Kendrick Revocable Trust
Lovein Ribman is a well-rounded firm that knows every aspect in construction litigation. I've used them now for around ten years and couldn't be more pleased.
- Evan Ellison, Owner - Elite Roofing Solutions
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