Bradley attorneys have extensive regional and national experience in representing debtors and lenders in Chapter 11 cases, bankruptcy and non-bankruptcy commercial litigation, out-of-court workouts, and restructurings.

We regularly serve as counsel to:

  • Businesses with unsecured claims and complex contractual relationships with Chapter 11 debtors
  • Bondholders and indenture trustees in reorganization and liquidation cases
  • Lenders involving criticized loans to businesses across various industries and secured by collateral of all types
  • Clients acquiring distressed businesses, assets, and loans

Our clients include major financial firms and organizations, such as Branch Banking & Trust Company, HSBC, Regions Bank, ServisFirst Bank, and Wells Fargo Bank, in addition to numerous regional and local banks and lenders. We also serve businesses across a wide range of industries, including healthcare, utilities construction, real estate development, automotive, manufacturing, and retail. Our attorneys regularly counsel municipalities and other public entities in restructuring matters, including – most notably – Jefferson County, Alabama, in one of the most prominent municipal bankruptcies in the country.

We handle a broad range of legal matters for these clients, including:

  • Negotiated, out-of-court workouts
  • Negotiated or contested Chapter 11 plans
  • Debtor-in-possession financing
  • Section 363 sales
  • Stay relief
  • Receiverships

In addition, our attorneys have experience in dealing with all types of assets, including real estate, accounts, inventory, equipment, and intellectual property.

Our attorneys serve as counsel to debtors in out-of-court business restructurings and Chapter 11 reorganizations and liquidations. The bankruptcy and restructuring group primarily works with corporate entities, but also with individuals. Our aim is to help clients emerge from Chapter 11 as soon as possible to preserve enterprise value for creditors and shareholders, and we conclude a high rate of cases with a confirmed plan.
Bradley represents a range of unsecured creditors that have sold goods or services to, or entered into leases or contracts with, companies in financial distress. We preserve the interests of companies, unsecured creditor committees, utilities, and landlords in reorganization and liquidation. This often involves filing involuntary bankruptcies or proposing Chapter 11 creditor plans.
A significant area of our work is assisting buyers in acquiring distressed assets as troubled companies sell valuable operations or properties. We guide clients through the bankruptcy process and the unique safeguards it provides, such as bidding protections and insulation from existing liens and successor liability claims.

Our litigators have significant trial experience in complex bankruptcy litigation and a consistent record of settling large cases on attractive terms. We frequently defend clients against claims brought by Chapter 7 trustees and Chapter 11 debtors. The group also handles:

  • Financial services litigation
  • Reclamation claims
  • Contract assumption
  • Discharge litigation
  • Contested confirmation hearings
  • Avoidance action and other defense work

Bradley’s compliance and regulatory lawyers partner with in-house legal departments, default servicing management and operational staff at financial institutions helping them navigate the current bankruptcy regulatory environment. Our team includes lawyers that have served extended periods as temporary in-house bankruptcy counsel to various clients, including a Fortune 100 financial institution and one of the nation’s leading mortgage servicers.

Additionally, nearly all the members of our team have spent significant time on-site with our financial services clients, fully immersed in their bankruptcy departments and systems of record, working closely with key bankruptcy personnel to address the wide-ranging issues facing bankruptcy departments.

As trusted legal counsel, we bring our deep experience and informed perspective to helping clients avoid potential statutory or regulatory violations by addressing bankruptcy compliance and consumer financial protection issues proactively while keeping in mind the limitations on our clients’ financial, human, and IT resources. Our preventive measures eliminate or minimize litigation, financial repercussions, and other disruptions to our clients’ businesses.  

To ensure compliance with the Bankruptcy Code provisions, Bankruptcy Rules, local rules, administrative orders, and servicing standards established by federal and state regulators, Bradley attorneys:

  • Conduct risk assessments to determine potential gaps in client bankruptcy practices
  • Draft or revise bankruptcy-focused policies, procedures, user manuals, process flows, jurisdictional guidance, quality control and assurance measures, training materials, and borrower correspondence 
  • Evaluate the compliance of third-party vendors providing bankruptcy services
  • Design and implement bankruptcy-related remediation projects to address prior compliance deficiencies
  • Conduct in-house training on various bankruptcy areas, such as “Bankruptcy 101,” best practices on common documents including Proofs of Claim, Motions for Relief from Stay, and Notices of Payment Change, and proper redaction methods
  • Respond to formal and informal requests for information from federal and state regulators and United States Trustees
  • Assist clients in negotiating the bankruptcy provisions of consent orders
  • Advise clients on the bankruptcy aspects of testing metrics under existing consent orders
  • Advocate for clients by preparing comments to potential regulatory changes affecting bankruptcy
  • Advise clients in managing bankruptcy litigation portfolios

Our consumer bankruptcy litigation team represents financial services clients in numerous states, effectively containing their legal spend by guiding them through potential outcomes and helping them choose their battles wisely under the specific circumstances of each case. We understand the desire to resolve matters quickly when appropriate.

Through our deep bankruptcy experience and grasp of the relevant facts in each case, we often are able to negotiate early resolutions with opposing counsel. When an early resolution is not feasible, we zealously represent our clients’ positions before the bankruptcy court while containing costs as much as possible.

Matters we handle include:

  • Stay and discharge violations
  • Plan violations
  • Claim objections
  • Lien priority and avoidance
  • Nondischargeability
  • Fraudulent and preferential transfers
  • Consumer protection issues related to bankruptcy, including FDCPA, FCRA, TCPA, RESPA, TILA, UDAAP, and state statutes

Where We Have Assisted Clients

Bankruptcy Map

Bradley By The Numbers

Bankruptcy Bradley By The Numbers