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• Related Practices
  • Chapter 11, 7, 13 and ABC's
  • Fraudulent and Preferential Transfer Issues
  • Ponzi Scheme Issues, Foreclosures and Evictions
  • Negotiation and Documentation for Secured Credit
  • Asset Acquisitions and Dispositions
  • Transactions involving Financially Distressed Companies

Even the most carefully planned business strategies can result in financial disaster. When such events occur, those affected need to act quickly and decisively to develop and execute an effective, coordinated strategy to protect interests, salvage assets and, if necessary, take bankruptcy action.

Swanson, Martin & Bell, LLP attorneys have represented businesses undergoing financial reorganization, including secured lenders, landlords and equipment lessors, suppliers, creditors’ committees and other parties in interest in complex cases under Chapter 11 of the United States Bankruptcy Code. This experience, in conjunction with the firm’s extensive experience in litigation and strategic financial counseling, enables the firm to represent fully its clients in all aspects of judicial and out-of-court debt restructuring matters, including the following:

Chapter 11 reorganization cases: Representation of debtors in possession, secured lenders, unsecured creditors' committees, examiners, landlords, taxing bodies and other parties in interest in reorganization cases under Chapter 11 of the Bankruptcy Code.

Chapter 7 and 13 cases: Representation of debtors, secured lenders, creditors and other parties in interest in cases under Chapters 7 and 13 of the Bankruptcy Code.

Bankruptcy court litigation: Representation of debtors and third parties in litigation before the bankruptcy court, including fraudulent transfer, preferential transfer, claim objection, Ponzi scheme and dischargeability litigation.

Bankruptcy appellate practice: Representation of appellants and appellees in appeals to the district court, circuit court appeals from final orders and judgments entered by the bankruptcy court.

Secured credit facilities: Representation of financial institutions in the negotiation and documentation of secured credit arrangements.

Enforcement of creditors’ rights: Representation of financial institutions and other creditor interests to preserve and enforce their rights in state and federal court litigation.

Collections: Representation of creditors to discover assets, collect judgments and recover property.

Foreclosure/Evictions: Representation of lenders and landlords on issues relating to the default of homeowners and tenants.

Asset acquisitions/dispositions: Representation of buyers and sellers in the negotiation and documentation of sales transactions involving the assets of financially distressed companies.

Assignments for the benefit of creditors: Representation of assignees and assignors of assignments for the benefit of creditors under Illinois law.

Financial consultation: Consultation with business entities and individuals regarding financial crises and strategic planning.

Expert consultation: Serve as expert witnesses in negligence cases involving bankruptcy issues and as trial consultants in litigation before the bankruptcy court.