Moore & Van Allen Law Firm, Attorneys

Bankruptcy &
Financial Restructuring

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With more than 15 full-time bankruptcy and workout lawyers, Moore & Van Allen has one of the largest bankruptcy and restructuring groups in the region.  Our team includes seasoned litigators, accomplished negotiators, and creative problem solvers.  Our size and breadth of experience make us capable of meeting virtually any bankruptcy or restructuring need that a company or lending institution may have.

As bankruptcy lawyers, Moore & Van Allen’s Bankruptcy and Financial Restructuring team possesses both the transactional and litigation experience necessary to represent a wide array of clients effectively.  We have experience navigating the ever-shifting alliances among various creditor constituencies, from first-day cash collateral disputes to plan negotiations.  Our extensive representation of financial institutions makes us particularly well-suited to document and negotiate DIP and exit-financing facilities.  We also frequently assist buyers at bankruptcy auctions, parties facing assumption or rejection of leases in bankruptcy, trade creditors asserting reclamation claims or defending preference actions, and other creditors who are simply trying to understand the ramifications of a bankruptcy filing.  In addition, we periodically serve as counsel to debtors and unsecured creditors’ committees.  We have advocated for virtually every kind of creditor in bankruptcy proceedings and have represented clients in federal bankruptcy courts across the country. 

Representative Bankruptcy Matters

As workout lawyers, Moore & Van Allen’s Bankruptcy and Financial Restructuring team offers experience and demonstrated success to both lenders and borrowers seeking to resolve financial challenges outside of bankruptcy.  We frequently collaborate with our lender clients to develop creative solutions for working out troubled credits, including debt-for-equity swaps and other change of control transactions designed to align the capital structure of an enterprise with economic realities.  These transactions are tailored to be tax efficient and preserve key employee, vendor, and customer relationships.  In addition, we have successfully helped numerous corporate clients restructure their obligations and avoid bankruptcy. 

Representative Workout Matters

As litigators, we represent clients in resolving adversary proceedings and other insolvency related litigation.  We often defend parties in preference, fraudulent transfer and other avoidance actions that are commonly used by debtors against creditors that have received payments before the debtor’s bankruptcy filing.  We typically attempt to resolve these matters amicably, but when circumstances require litigation, we fully and zealously defend our clients. 

Representative Litigation Matters

As finance lawyers, the Bankruptcy and Financial Restructuring team works closely with the firm’s Financial Services and Corporate teams to ensure that lending and corporate transactions are scrutinized from every angle.  We are actively involved in the documentation of transactions.  We have particular experience negotiating the terms of intercreditor relationships and we regularly assist clients in evaluating the bankruptcy risks associated with new financial products and transaction structures. 

Representative Finance Matters


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  • April 2020, MVA COVID-19 Resources Center

    The Small Business Reorganization Act of 2019 is a new streamlined bankruptcy process for businesses that qualify as a small business and took effect on February 22, 2020. The act is commonly known as “Subchapter V”.

  • April 2020, MVA COVID-19 Resource Center

    On April 15, 2020, the SBA issued an Interim Final Rule (“IFR”) for the Paycheck Protection Program (“PPP”) component of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The PPP allows qualified businesses to receive loans equal to 2.5 times their average monthly payroll, up to $10 million, which may be fully forgiven if the proceeds are used for payroll and related expenses (subject to certain caps), rent, utilities, and interest on debts incurred prior to February 15, 2020.

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