Bankruptcy, Workout and Loan Restructuring


The Bankruptcy, Workout and Loan Restructuring practice group at Fabyanske, Westra, Hart & Thomson, P.A. focuses on representing secured creditors, landlords, equipment lessors and vendors in a variety of distressed credit situations. Our experience in this area enables us to provide comprehensive, timely and effective advice in helping our clients navigate through the complex world of bankruptcy, litigation and workout negotiations. Our clients benefit not only from our focused approach but from our unique ability to quickly and efficiently address credit problems as they arise in the context of negotiation, litigation or bankruptcy.



Focused Approach

Rather than attempting to provide all types of bankruptcy-related services to all types of clients, the Bankruptcy, Workout and Loan Restructuring practice group focuses on representing secured creditors, equipment lessors, landlords and vendors. Focusing our practice in this manner allows our attorneys to gain substantial familiarity with the issues and problems such parties face. This familiarity allows our attorneys to effectively avoid and quickly respond to reoccurring problems that they face. It further gives our attorneys the breadth of knowledge necessary to develop creative solutions to new and difficult situations. This permits our group to provide cost-effective representation to our clients.



Understanding the Client's Business

Our attorneys pride themselves on not only knowing the law but also knowing our client's business. Bankruptcy litigation and workout negotiations are fast-paced and involve constantly changing circumstances. As a result, it is critical for a lawyer to understand the intricate workings of a client's business in order to provide effective advice in these situations. Our familiarity with the wide range of financial arrangements and market issues our clients face allows us to quickly come to terms with the particular financial arrangement at issue in any given case.The Bankruptcy, Workout and Loan Restructuring practice group has extensive experience with the following types of lending arrangements and lenders:

  • Floor plan financing
  • Factoring arrangements
  • Financing companies
  • Leasing companies
  • Asset-based lending
  • State and national banks
  • Real estate developers and owners
  • Vendors in a multitude of businesses
  • Contractors


Examples of Engagement

The attorneys of the Bankruptcy, Workout and Loan Restructuring practice group have been involved in a wide range of bankruptcies and workouts across the country. The following list provides examples of the types of cases in which the group has been involved over the past few years:

Case State Client
MBC Holding Company Minnesota Secured lender
Progressive Dairies of Georgia Minnesota Secured lender, equipment lessor
Hoff Jewelers Minnesota Secured lender
Excelsior-Henderson Minnesota Equipment lessor
Northern Auto Enterprises Minnesota Secured lender
STI Plastics Minnesota Secured lender/equipment lessor
MagStar Technologies Minnesota Secured lender
Granite City Delivery Minnesota Secured lender
Factory Card Outlet Delaware Landlord
Ameriserv Delaware Landlord
Kidron Florida Vendor
Carmike Delaware Landlord
Maidenform New York Construction vendor
Endicott Johnson Corp. New York Construction vendor
USMX of Alaska, Inc. Colorado Construction vendor
Velocita New Jersey Construction vendor
MetroMedia Fiber Networks New York Construction vendor
Enron New York Construction vendor
WorldCom New York Construction vendor
360 Networks New York Construction vendor

 

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