Restructuring & Bankruptcy

Benesch’s Restructuring & Bankruptcy Practice Group represents corporations, creditor groups, lenders, committees, acquirers and other stakeholders in workouts, debtor-in-possession matters and distressed transactions nationwide. We have deep experience across all major roles in public, corporate and large private entity Chapter 11 cases, creditor compositions and other restructuring strategies. Our team provides comprehensive counseling and advocacy to clients involved in bankruptcy-related matters, whether as debtors, creditors or members of official committees of unsecured creditors.

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Overview

Ranked by Chambers® 2025 

The Restructuring & Bankruptcy Practice Group includes a growing team of attorneys based in Chicago, Cleveland, Columbus, New York and Wilmington who focus on bankruptcy and enforcement of creditors’ rights. Our East Coast offices in Wilmington and New York are strategically positioned for matters in key bankruptcy jurisdictions, allowing us to efficiently serve clients across the country.

The Restructuring & Bankruptcy practice is recognized by Chambers® and is ranked nationally in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law by Best Lawyers® “Best Law Firms.”

We provide best-in-class service and practical guidance throughout the full restructuring lifecycle, beginning with pre-bankruptcy planning, continuing through debtor-in-possession financing requests and the sale or disposition of assets, and concluding with plan confirmation and estate wind-down.

Benesch’s Restructuring & Bankruptcy attorneys have substantial experience representing:

Corporate debtors-in-possession and creditors’ committees

in complex Chapter 11 reorganizations

Borrowers and debtors

in capital restructuring and Chapter 11 proceedings

Lenders

in syndicated and unsyndicated loan transactions and workouts

DIP lenders, secured lenders and indenture trustees

in distressed financings and restructuring negotiations

Investors and acquirers of distressed businesses

in both section 363 sales and non-bankruptcy transactions

Landlords, trade creditors, contract counterparties and other unsecured creditor interests

in large retail, consumer products, manufacturing, energy and transportation restructurings

This work includes representing institutional lenders in debtor-in-possession financings, adequate protection matters and exit strategies. The group’s skill set spans capital debt restructuring, loan workouts, creditors’ rights, sophisticated negotiation and, when necessary, commercial litigation.

Many members of the group hold leadership roles in the American Bankruptcy Institute (ABI) and frequently present to professional and trade associations on emerging issues in bankruptcy law. They also author articles addressing matters of importance to debtor corporations, creditors and other industry stakeholders.

Focus Areas

Bankruptcy Litigation
Bankruptcy Reorganizations
Debt Restructurings
Loans & Loan Documentation

Related Practices

Commercial Finance & Banking
Litigation
Private Equity

Related Industries

Energy
Manufacturing
Not-for-Profit
Plastics & Performance Materials
Retail & E-Commerce
Transportation & Logistics

Our work in action

Representative Examples

Represented one of the nation’s largest reverse mortgage lenders

and affiliated debtors in their chapter 11 bankruptcy cases in the U.S. Bankruptcy Court for the District of Delaware, with value in excess of $1 billion.

Representation of the senior secured lender

in connection with workouts, restructurings, receiverships, bankruptcies and liquidation of commercial loans within a $150 million commercial loan portfolio acquired from an FDIC receivership.

Represent Columbia Pacific Advisors nationwide as lead counsel

in loan originations, workouts, foreclosures, receiverships and bankruptcies across the United States, including in California, Florida, Massachusetts, Nebraska, New Jersey, New York, Pennsylvania and Vermont. 

Representation of debtors

in workout and bankruptcy of a national furniture chain having in excess of 170 locations throughout the Mid-Atlantic and Midwest regions of the United States.

Representation of senior secured lender and preferred equity investor

in workout and litigation relating to a $100 million investment secured by an industrial development project located in Boston, MA.

Counsel to landlords

in JoAnn Stores, Rite Aid, Ascena, JC Penney, Tailored Brands, Stein Mart, 24 Hour Fitness, Forever 21 and GNC.

Counsel to the debtors and debtors in possession in the Chapter 11 cases of In re OGGUSA, Inc. et al. (E.D. Kentucky) (f/k/a GenCanna Global USA, Inc.)

The Debtors were primarily engaged in the development of hemp genetics and the production and distribution of wholesale and white-label hemp-derived cannabinoid products, including CBD, to customers throughout the United States and internationally. The Debtors successfully conducted an expedited dual-track process to identify available alternatives for maximizing value under challenging circumstances and closed a section 363 sale of substantially all assets for consideration in excess of $75 million.

Represented the official committee of unsecured creditors

as Delaware counsel in the Chapter 11 bankruptcy of The Hertz Corporation, et al.