Restructuring and Bankruptcy
We have extensive experience in all aspects of restructuring and bankruptcy work, including representing official committees, DIP lenders, secured lenders, senior creditors, holders of subordinated debt, holders of unsecured debt, holders of mezzanine debt, lessors and debtors. We have particular expertise in representing special servicers in connection with restructuring loans forming part of pools of collateralized mortgage-backed securities.
ZEK’s practice also includes bankruptcy litigation, particularly in connection with preference and fraudulent transfer claims. In bankruptcy proceedings, ZEK routinely acts on behalf of insurers and financial institutions, as well as corporations seeking to acquire assets in bankruptcy proceedings. The Firm also represents creditors committees, trustees and debtors.
ZEK has a special expertise in representing commercial insurers in bankruptcy cases. Such representation includes all circumstances where the insurer is a creditor, whether seeking to collect retro premium, loss sensitive reimbursements, deductible reimbursements or other obligations. Often we have defended bankruptcy litigation against insurers holding substantial security for future insured obligations. In several such cases we have successfully moved such disputes out of the bankruptcy court and into arbitration.
Additionally, we represent insurers in connection with coverage and claims disputes in major commercial bankruptcies, including cases related to toxic products. We have been instrumental in establishing ADR or other procedures to adjust thousands of insured claims in bankruptcy cases ranging from the trucking industry to the asbestos industry.