David I Katzen

This category is intended to encompass aspects of debtor/creditor and insolvency practice not described under the Chapter 7 or 11 headings. It includes other bankruptcy contexts (such as Chapter 9 (municipal/govermental debtors), Chapter 12 (family farmers), and Chapter 13 (individual payment plans), as well as nonbankruptcy workout negotiations and navigating on the periphery of insolvency (such as a creditor-claimant's settlement efforts with a marginally solvent defendant).

Chapter 11 reorganization is a complicated process but can preserve value for stakeholders, including creditors and equity owners. We have experience representing virtually all participants in this setting, including debtors, creditors’ committees, secured and unsecured creditors, administrative expense claimants, landlords and other parties to executory contracts, asset buyers, defendants in preference or other avoiding actions, and litigants in matters removed to the bankruptcy forum.

Chapter 7 liquidation can be appropriate for a variety of circumstances but is most often suitable for individual debtors seeking expeditious debt relief (assuming recourse to this avenue would not be an "abuse" under the so-called "means test") and where creditors are served by receiving a pro rata share of nonexempt and unencumbered value (including amounts a trustee can recover from prior transferees). We have represented parties comparable to those identified for Chapter 11.