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Restructuring & Bankruptcy

" We rely on their team for incredibly complex work in the restructuring space and they always deliver. They are 100% client-focused. "
— Bankruptcy/Restructuring client, Chambers USA

Benesch's Restructuring & Bankruptcy Practice Group has represented a diverse range of corporations in workouts and as debtors-in-possession, as well as creditor interests, committees, and lenders, and has extensive experience in all major professional capacities of public, corporate and large private entity chapter 11 practice, creditor compositions, and other methods of restructuring debt. The professionals in the Restructuring & Bankruptcy Practice Group provide nationwide counseling and advocacy services to companies involved in bankruptcy-related matters, either as creditors, as debtors, or as members of an official committee of unsecured creditors.

The Restructuring & Bankruptcy Practice Group has a growing team of attorneys based in Chicago, Cleveland, Columbus, and Wilmington whose practice are focused on matters concerning bankruptcy and enforcement of creditors’ rights.  Our East Coast offices in Wilmington and New York are important to our clients’ needs in the bankruptcy area and allow us to service both our clients across the country in a more efficient manner.

Our Restructuring & Bankruptcy practice is recognized by Chambers® and has been ranked nationally in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law by 2025 Best Lawyers® "Best Law Firms."

We provide practical advice and efficient service to our clients throughout the bankruptcy process starting even prior to the initiation of a debtor's case with pre-bankruptcy planning, to the debtor’s initial request for debtor-in-possession financing, continuing through the sale or other disposition of the debtor’s assets, and ending with plan confirmation and the wind-down of estate causes of action.

Benesch's Restructuring & Bankruptcy attorneys have substantial experience representing corporate debtors-in-possession and creditors’ committees in chapter 11 reorganizations, borrowers and debtors in capital debt restructurings and chapter 11 reorganizations, lenders in syndicated and unsyndicated loan origination and troubled debt restructurings, and investors in or acquirers of distressed businesses and ventures in or outside of bankruptcy proceedings. They are skilled in capital debt restructuring, loan workouts, creditor and debtor rights, and sophisticated negotiation, as well as commercial litigation, depending on the requirements of the case. The firm’s experience includes representation of institutional lenders in debtor-in-possession financings, adequate protection issues and with regard to exit strategies.

Many of the lawyers in the Restructuring & Bankruptcy Practice Group hold leadership roles in the American Bankruptcy Institute and regularly present to various professional and trade associations on leading issues in bankruptcy law.  They have authored articles on a variety of bankruptcy issues and topics of interest to debtor corporations and creditors.

Experience

  • Advising an indenture trustee for multiple bond issuances in connection with a financially distressed senior living facility that resulted in  a full refinance of existing bond debt.*
  • Advising an indenture trustee/lender in connection with negotiating and favorably settling a dispute with a not-for-profit issuer and borrower with respect to all outstanding debt obligations.*
  • Counsel to owners and senior management team in connection with the Chapter 11 cases of ATLS Acquisition, LLC (Liberty Medical) (Dist. Delaware).*
  • Counsel to the debtors and debtors in possession, and subsequent plan confirmation, the Liquidating Trustee, in the Chapter 11 cases of EaglePicher Holdings, Inc. (S.D. Ohio).*
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of All American Semiconductor (S.D. Florida.).*
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of Flat Out Crazy, LLC (Flat Top Grill and Stir Crazy Restaurant Chains) (S.D.N.Y.).*
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of In re Midway Gold US Inc. (Dist. Colorado).*
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of The LoveSac Corporation (Dist. Delaware).*
  • Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 cases of In re Optima Specialty Steel, Inc. (Dist. Delaware).*
  • Representing a commercial landlord in the Chapter 11 cases of New Creative Enterprises (S.D. Ohio).*
  • Representing a leading end-to-end e-commerce service provider in asserting statutory warehouse lien rights and claims, and providing post-petition services, in connection with numerous Chapter 11 retail bankruptcies.*
  • Representing the owner/lender of a cabinetry manufacturing portfolio company in the Chapter 11 cases of Luxe Cabinetry, LLC (C.D. California).*
  • Representing the senior secured lender in the Chapter 11 cases of PowerPlus Electric, LLC (E.D. Kentucky).*
  • Counsel to creditor committee members in Wesco Aircraft Holdings, Inc., Rubio’s Restaurants, and NextSport, Inc.
  • Counsel to creditors in chapter 11 cases such as Invacare Corporation, Exide Technologies, Briggs & Stratton, and Global Eagle Entertainment.
  • Counsel to landlords in chapter 11 cases such as Ascena, JC Penney, Tailored Brands, Stein Mart, 24 Hour Fitness, Forever 21, and GNC.
  • Representation of Chapter 11 Debtors, including Reverse Mortgage Investment Trust, Inc., GenCanna Global USA, Inc., and ArtVan Furniture, LLC
  • Representation of Official Committee of Unsecured Creditors as Delaware Counsel/Conflicts Counsel in the following:

    • Yellow Corporation, et al., No. 23-11069 (CTG)

    • Peer Street, Inc., Case No. 23-10815 (LSS)

    • Ruby Pipeline, L.L.C., Case No. 22-10278 (CTG)
    • Alto Maipo SPA, et al., Case No. 21-11507 (KBO)
    • SC SJ Holdings Inc., et al., Case No. 21-10549 (JTD)
    • The Hertz Corporation, et al., Case No. 20-11218 (MFW)
    • Dura Automotive Systems, LLC, et al., Case No. 19-12378 (KBO)
    • FTD Companies Inc., et al., Case No. 19-11240 (LSS)
  • Representation of a variety of unsecured creditors’ interests in bankruptcy proceedings (landlords, credit card processors, executory contract counter parties).
  • Representation of assignees in state court assignments for benefit of creditors.
  • Representation of chapter 11 and chapter 7 debtors.
  • Representation of chapter 11 debtors, including GenCanna Global USA, Inc. and ArtVan Furniture LLC.
  • Representation of chapter 7 trustee in the J&M Sales, Inc., et al. bankruptcy proceeding.
  • Representation of chapter 7 trustees and liquidating trustees.
  • Representation of commercial landlords in chapter 11 and chapter 7 retail cases nationwide.
  • Representation of defendants in a variety of adversary proceedings (avoidance actions and D&O litigation).
  • Representation of DIP lenders in bankruptcy proceedings.
  • Representation of individual committee members on official creditors’ committees nationwide.
  • Representation of liquidating Trustee in the chapter 11 of DesignLine USA, Inc., et al.
  • Representation of Official Committee of Unsecured Creditors as Delaware Counsel/Conflicts Counsel in the following:

    • Ruby Pipeline, L.L.C., Case No. 22-10278
    • Alto Maipo SPA, et al., Case No. 21-11507 (KBO)
    • SC SJ Holdings Inc., et al., Case No. 21-10549 (JTD)
    • The Hertz Corporation, et al., Case No. 20-11218 (MFW)
    • Dura Automotive Systems, LLC, et al., Case No. 19-12378 (KBO)
    • FTD Companies Inc., et al., Case No. 19-11240 (LSS)
    • ATD Corporation, et al., Case No. 18-12221 (KJC)
    • Charming Charlie Holdings Inc., et al., Case No. 17-12906 (CSS)
  • Representation of official committees of unsecured creditors as lead or local/conflicts counsel.
  • Representation of purchasers in section 363 sales.
  • Representation of secured lenders in bankruptcy proceedings and out-of-court workouts.
  • Represented the official committee of unsecured creditors as Delaware counsel in the Chapter 11 bankruptcy of Alto Maipo Spa, et al.
  • Represented the official committee of unsecured creditors as Delaware counsel in the Chapter 11 bankruptcy of The Hertz Corporation, et al.
  • Counsel to the largest non-insider unsecured creditor and member of the Official Committee of Unsecured Creditors in the chapter 11 case of In re Lapeer Industries, Inc. (E.D. Mich.).
  • Delaware counsel to the Committee in FTD Companies bankruptcy.
  • Delaware counsel to the committee in ATD Corporation bankruptcy.
  • Special Litigation Counsel to the Chapter 7 Trustee of Jevic Holding Corporation.
  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of Atna Resources, Inc. (Dist. Colorado).*
  • Delaware counsel to the committee in Charming Charlie Holdings bankruptcy in Delaware.
  • Representing a leading steel and mining company in connection with asserting creditor rights, devising strategies for responding to suppliers and customers in financial distress, and defending preference actions in multiple jurisdictions.*
  • Counsel to landlord in Charlotte Russe bankruptcy in Delaware.
  • Counsel to landlord in Claire’s bankruptcy in Delaware.
  • Counsel to landlord in Sears bankruptcy in New York.
  • Counsel to landlord in Mattress Firm bankruptcy in Delaware.
  • Counsel to landlord in Z Gallerie bankruptcy in Delaware.
  • Counsel to preference defendant in Gulf Packaging bankruptcy in Illinois.
  • Counsel to landlord in Gordmans bankruptcy in Nebraska.
  • Counsel to landlord in Payless bankruptcy in Missouri.
  • Counsel to landlord in Rue 21 bankruptcy in Pennsylvania.
  • Counsel to secured lender and insurance premium financier in various bankruptcy matters across the country.
  • Counsel to critical trade vendor in the Momentive Performance Materials bankruptcy in New York.
  • Counsel to critical trade vendor in the UCI International bankruptcy in Delaware.
  • Counsel to former employee defendant in Industrial Enterprises of America bankruptcy in Delaware.
  • Counsel to former employee defendant in Washington Mutual bankruptcy in Delaware.
  • Counsel to international transportation company and transportation trade group in Chapter 15 Hanjin bankruptcy in New Jersey.
  • Counsel to landlord in the Fox & Hound bankruptcy in Delaware.
  • Counsel to landlord in the Fresh & Easy bankruptcy in Delaware.
  • Counsel to landlord in the Garden Fresh bankruptcy in Delaware.
  • Counsel to landlord in the Haggen Holdings bankruptcy in Delaware.
  • Counsel to landlord in the ITT Educational bankruptcy in Indiana.
  • Counsel to landlord in the Phoenix Brands bankruptcy in Delaware.
  • Counsel to landlord in the RadioShack bankruptcy in Delaware.
  • Counsel to landlord in the Sports Authority bankruptcy in Delaware.
  • Counsel to national construction company in turnover action in bankruptcy matter in Florida.
  • Counsel to national manufacturing company in FDCPA action in bankruptcy matter in Arkansas.
  • Counsel to preference defendant in the AFA Investments bankruptcy in Delaware.
  • Counsel to preference defendant in the City of Detroit bankruptcy in Michigan.
  • Counsel to preference defendant in the Exide Technologies bankruptcy in Delaware.
  • Counsel to preference defendant in the Leading Edge Logistics bankruptcy in Delaware.
  • Counsel to preference defendant in the SkyMall bankruptcy in Arizona.
  • Counsel to preference defendant in the Standard Register bankruptcy in Delaware.
  • Counsel to preference defendant in the THQ bankruptcy in Delaware.
  • Counsel to the Committee in the iON Worldwide bankruptcy in Delaware.
  • Counsel to the Liquidation Trustee in the DesignLine bankruptcy in North Carolina.
  • Counsel to various transportation defendants in TransVantage bankruptcy in New Jersey.
  • Special Counsel to the Debtors in the Constellation Enterprises bankruptcy in Delaware.
  • Special Counsel to the Debtors in the Nortel bankruptcy in Delaware.
  • Special Counsel to the Trustee in the LTC Holdings bankruptcy in Delaware.
  • Represented the Ohio Casino Control Commission (OCCC) regarding the myriad issues arising as a result of the filings of chapter 11 bankruptcy petitions by Caesars Entertainment Operating Co.
  • Representing a glass products manufacturer in its financial restructuring and recapitalization as a going concern.
  • Counsel to committee member in Nordam bankruptcy.
  • Counsel to creditors in PG&E bankruptcy in California.
  • 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.
Key Contacts
  • Michael J. Barrie
    Restructuring & Bankruptcy
    Wilmington

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  • Bankruptcy Litigation
  • Bankruptcy Reorganizations
  • Debt Restructurings
  • Loans & Loan Documentation
  • Corporate & Securities
  • Litigation
  • Commercial Finance & Banking
  • Private Equity
  • Energy
  • Transportation & Logistics
  • Insurance
  • Manufacturing
  • Plastics/Polymers
  • Not-for-Profit
Ranked nationally by
2025 Best Lawyers® "Best Law Firms"

"They have great commercial sense." - Bankruptcy/Restructuring client, Chambers USA

Articles and Presentations
April 9, 2025
Delaware Amends DGCL Section 144 to Add Safe Harbors for Interested and Controlling Stockholder Transactions
August 30, 2023
Seth Kleinman Published Article in ALM | Law.com | "Closing the Door on Open Markets? Serta Confirmation Opinion Defines an 'Open Market Purchase' and Finds Transacting Lenders Acted in 'Good Faith'"
September 16, 2022
Seth Kleinman Publishes Article in Law360 | "9th Circ. Ruling Highlights Divide On Ch. 11 Interest Rates"

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News
March 28, 2025
Noelle Torrice Receives 2025 Mary “Mimi” C. Boudart Award from DSBA Women and the Law Section
March 5, 2025
Law360 Mentions Partners Kevin Capuzzi and John Gentile in US Development Agency's Opposition to Credito Real Ch. 15
January 27, 2025
Law360 Quotes Benesch Partner Seth Kleinman on 5th Circ. Serta Ruling Gives Grist for Lenders Left Behind

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