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Bankruptcy, Corporate Restructuring & Creditors' Rights

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For decades, clients seeking bankruptcy and corporate restructuring advice have relied on Waller's ability to develop practical and proactive solutions for restructuring and workouts. Drawing on the talent of our financial services, securities, and real estate practices, we deliver comprehensive service.

Waller attorneys enjoy the competitive nature of their work, and thrive on delivering successful outcomes. Through our commitment to client service, we have gained the trust of large multi-national financial institutions and banks nationwide.

Bankruptcy

Waller has played a prominent role in many high profile bankruptcy cases in a wide range of industries. Our attorneys represent clients in all aspects of insolvency, both in and out of court. Trustees, secured and unsecured creditors, creditors' committees, bondholders and equity committees, banks, financial institutions, lenders as well as Chapter 7 and 11 debtors and the purchasers of distressed assets and assets sold through bankruptcy proceedings rely on Waller to provide sophisticated, yet practical advice. Whether a workout is undertaken within a bankruptcy proceeding or a receivership is necessary to enforce the remedies of a trustee or lender, clients can be assured that Waller has the experience and temperament to craft a resolution. Our experience includes handling complex bankruptcy litigation, bankruptcy filings, pre-packaged and pre-negotiated bankruptcy planning, claims objections, lender liability, valuation litigation, stay litigation, executory contract issues, prosecution and defense of voidable-transfer actions, and debtor-in-possession financings. 

In November 2011, Jefferson County, Alabama filed for Chapter 9 bankruptcy protection, making it the largest municipal bankruptcy ever filed at that time. Representing the trustee for certain sewer debt exceeding $3 billion, Waller was intimately involved in the historic proceedings.  In July 2013, the City of Detroit filed its Chapter 9 bankruptcy petition, thereby eclipsing Jefferson County as the largest municipal bankruptcy ever filed. Drawing on the experience provided in Jefferson County, Waller was tapped again to represent the trustee for Detroit's water and sewer bonds—totaling almost $6 billion—in this historic case.

Additionally, growing up with the healthcare market over the last 40 years, Waller has guided many healthcare organizations through bankruptcy and restructurings, helping to shape that industry.

Corporate Restructuring

Waller's corporate restructuring attorneys have extensive experience representing clients in loan restructurings, workouts and other default scenarios throughout the country. Utilizing broad transactional and litigation experience, Waller helps clients navigate the insolvency forum, both in the pre-negotiation of contracts and afterwards, if a bankruptcy has been filed. 

Our corporate restructuring practice in healthcare bankruptcy matters is complemented by the firm's vast experience with the complex regulations governing that industry. Today, we represent many of the largest public and private hospital companies and outpatient providers operating throughout the U.S., as well as governmental and not-for-profit hospitals and systems.  We frequently provide advice and counsel to lenders providing debtor-in-possession (“DIP”) financing to debtors seeking to emerge from a bankruptcy proceeding or other distressed position.

Creditors' Rights

Waller  regularly represents both secured and unsecured creditors in collection of debts and judgments, both in bankruptcy and state court proceedings. Our attorneys have extensive experience representing creditors and debtors in such matters as foreclosures of liens on both real and personal property, post-judgment collection activities, receiverships, turnover actions, injunctions to prevent dissipation of assets, domestication of sister-state and federal court judgments, and garnishment proceedings. Our deep roster of veteran bankruptcy attorneys assists clients in the analysis of potential issues that may arise in a bankruptcy proceeding and ensures a seamless transition if a party ultimately files for bankruptcy protection. 

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