Troubled Businesses
Businesses suffering from eroding profits or, worse yet, a liquidity crisis, present special legal challenges to their owners, lenders and creditors. Damon Morey routinely represents each of these constituencies in what experts call “workouts.” For viable companies, it is often in the interest of all involved to negotiate extended (or even discounted) terms of repayment, so as to give a business the opportunity to make it through a troubled period. Damon Morey routinely negotiates, memorializes and enforces such arrangements for debtors and creditors. A successful workout can help a business avoid any bankruptcy filing.
Damon Morey is an acknowledged leader in the field of business bankruptcy practice. It regularly counsels troubled businesses seeking to reorganize or sell their assets, assists banks and other secured creditors seeking to maximize recoveries on their collateral, litigates on behalf of bankruptcy trustees seeking to recover assets for the benefit of creditors, and fights to maximize recoveries for Unsecured Creditors Committees. Other representative clients include Chapter 11 and Chapter 12 farm debtors, parties in litigation with debtors or bankruptcy trustees, purchasers of assets from bankruptcy estates, landlords and tenants, equipment lessors, guarantors, shareholders and post-petition lenders.
Damon Morey has extensive experience handling the many issues that arise in bankruptcy Chapter 11 reorganization and Chapter 7 liquidation cases. This experience includes the negotiation of reorganization plans, asset purchase agreements and refinancing transactions, as well as leases and other executory contracts. It also includes the litigation of bankruptcy disputes, including contested Chapter 11, 12 and Chapter 13 confirmation proceedings, preference and fraudulent transfer claims, cash collateral, adequate protection and debtor-in-possession financing matters, valuation determinations, dischargeability actions, modification of the automatic stay, setoff and recoupment issues, many other kinds of contested matters and adversary proceedings before Bankruptcy Courts, and handling all levels of appeals from such decisions.