Our distressed investing practice represents financial institutions, including commercial banks and hedge funds that invest and trade in claims against financially distressed companies. These assets include bank loans and trade claims against financially troubled businesses, as well as securities that a distressed business may have issued.

Our clients provide capital directly to financially distressed entities, through venture financing, equity contributions, or bridge, rescue, or exit financing. This can involve debtor-in-possession loans or a combination of debt and equity financing. Our lawyers add value and efficiency at all stages of a distressed investing transaction, from initial negotiation and deal-specific documentation to closing.

Mergers & Acquisitions

For transactions related to distressed mergers and acquisitions, Bradley’s legal team represents all parties – buyers, sellers, financers, and equity investors – through every phase of the process.

  • Bankruptcy: We have substantial experience in buying and selling businesses through “363 sales” and confirmed Chapter 11 plans, including hostile Chapter 11 creditor plans.
  • Outside bankruptcy: We negotiate and close asset sales through consensual workouts, “friendly” foreclosures, public, private and strict foreclosures under Article 9 of the Uniform Commercial Code, receivership sales, and other means.

In almost every distressed M&A transaction, we coordinate with members of our corporate and securities, finance, M&A, and tax practices to craft effective strategies that provide maximum value for our clients.