Bankruptcy and Insolvency

Among Anderson Firm PLLC’s core strengths is its Bankruptcy and Insolvency Practice (Chapters 7, 11, 13 and 12).   Achieving optimal resolutions in bankruptcy and insolvency matters requires diligence, efficiency, and know-how, all of which we at Anderson Firm PLLC takes pride in.  We work with both individuals and businesses on all sides of the table in liquidations, restructurings, out-of-court workouts, and other insolvency-related matters.

It’s difficult to navigate the minutia of bankruptcy and insolvency law, and even more difficult without effective counsel.  We’re here to help craft effective solutions and achieve optimal outcomes.  We work closely with our clients to evaluate the risks, costs, benefits, and implications of not just bankruptcy, but also non-bankruptcy alternatives.  While bankruptcy offers an array of benefits to a client in distress, if there is a practicable non-bankruptcy solution to achieve the client’s goal, we’ll work with him/her to find the most expedient and effective solution.

We take time to comprehensively understand the nature of our clients’ issues, financial and operational conditions, and their goals in each matter.  We thoroughly review all viable tools at their disposal and options available to them.  We strive to provide our clients with all of the information and counseling they need to make an informed decision.

Bankruptcy Litigation: Anderson Firm PLLC’s bankruptcy and insolvency litigation practice concentrates on insolvency cases, including adversary proceedings related to preferences and fraudulent transfers, discharge and dischargeability, among other complex disputes.

Non-Bankruptcy Alternatives:  In addition to bankruptcy, Anderson Firm PLLC assists companies and other parties involved in non-bankruptcy matters related to insolvency, including receiverships and assignments.  We work with all types of interested parties including the insolvent company, the assignee responsible for managing and selling the assets, prospective purchasers of liquidated assets or the company itself, and creditors who are seeking payment of debt.

Trustees & Fiduciaries:  Trustees and other fiduciaries play a critical role in the successful administration of insolvency related matters.  Our firm’s core competency is in representing these parties in Chapter 7s, Chapter 11s, and receiverships.  We offer a full host of services including representation in administering an estate, liquidating and monetizing estate assets, preference and fraudulent transfer litigation, discharge & dischargeability litigation, conducting Section 363 asset sales, and objecting to proofs of claims.

Individual Debtors:  We have a wealth of experience representing individual debtors in out-of-court settlements with creditors, and when need be, representing in a Chapter 7 bankruptcy.

Business Debtors:  Anderson Firm PLLC counsels distressed businesses in various alternatives to maximize the benefits to which they are entitled under applicable law.  We’re able to guide struggling businesses through commercial restructurings to a successful conclusion.

Creditors:  If not handled properly, creditors are often left holding the bag with little to show for it.  Without proper representation, creditors often are left taking substantial losses on their claims.  We work with secured and unsecured creditors in all phases of bankruptcy and insolvency situations in order to best protect their rights.

Purchasers & Investors:  While it’s unfortunate for individuals and companies to have to confront distressed financial circumstances, such situations provide unique opportunities.  However, opportunities in this area are often fraught with issues and obstacles requiring untangling and careful navigation, coupled with a need for a thorough understanding of the ins and outs of the distressed asset space.  We work closely with prospective purchasers and investors to secure an array of assets that may come available for sale, ranging from real property, personal property, mortgages, claims, and judgements. We conduct thorough diligence and help spot any potential pitfalls from the outset to minimize exposure to risk and liability, while also ardently negotiating to maximize out clients’ returns.

The firm represents:

  • Individual Debtors in Chapter 7, Chapter 13,  and Chapter 12 (farm reorganization)
  • Businesses in Chapter 7 and Chapter 11
  • Creditors (Secured and Unsecured)
  • Potential Asset Purchasers and Interested Third Parties

Also, the firm handles all aspects of bankruptcy and insolvency matters, including but not limited to:

  • Filing of Bankruptcy Petitions and Related Documents
  • Adversary Litigation
  • Discharge and Dischargeability Issues
  • Relief from Stay
  • §363 Sales
  • Fraudulent Transfer Actions
  • Preference Actions
  • Proofs of Claims
  • Asset Liquidations
  • Non-Judicial Workouts
  • Receiverships
  • Corporate Restructuring
  • Assignments for the Benefit of Creditors
  • Bankruptcy

Michele is among a select group of local bankruptcy practitioners with experience in complicated commercial bankruptcies and chapter 12 Farm Bankruptcies. Michele represents both debtors and creditors. Among her caseload, Michele has represented the creditors’ committee in the Chapter 11 liquidation of Lomas Financial Corp.; G. Heilman Brewing Co. in its pre-arranged Chapter 11 case; the largest creditor of Combined Properties Limited Partners; and Arista records in the Chapter 7 cases of the recording artists TLC.