Bankruptcy & Restructuring

Our attorneys have extensive experience in all facets of bankruptcy matters and in a variety of industries, including automotive, banking, healthcare, hospitality, manufacturing, mining, real estate, retail and nonprofit organizations. Our team leverages more than 100 years of combined experience to provide clients with unparalleled understanding insights and effective solutions.

We have successfully handled several of the Southeast’s largest Chapter 11 reorganization proceedings and numerous high-profiles matters across the United States. Our comprehensive approach ensures that clients facing financially troubled situations are supported with expertise at every level.

Areas of Focus

We regularly represent clients in a wide range of matters representing creditors, debtors, committees and trustees including:

• Pre-Bankruptcy Negotiations
• Confirmation of Chapter 11 Plans of Reorganization
• Investigation and Litigation of Preferences
• Fraudulent Transfers
• Breach of Duty Claims
• Deepening Insolvency Claim

Our Clients

Our broad range of clients include:

• Individual lenders
• Banks, insurance companies, finance companies and other institutional lenders
• Equity holders and joint ventures in financially distressed companies
• Boards of distressed businesses
• Unsecured creditors’ committees
• Persons seeking to invest in troubled businesses or to acquire assets or entire businesses from a distressed or bankrupt seller
• Receivers, case trustees and post confirmation fiduciaries
• Lessors and lessees of real estate, equipment and intellectual property
• Publicly traded companies in Chapter 11

What Sets Us Apart

• Diverse Experience in Distressed Asset Acquisitions: We have a proven track record of representing numerous purchasers acquiring distressed assets from bankruptcy proceedings, including several significant hospital acquisitions across various industries.
• Comprehensive and Multidisciplinary Approach: As a full-service firm, we can draw upon litigation and transactional attorneys from various practice areas, such as healthcare, financial services, corporate & securities, environmental, real estate and tax.
• Extensive Courtroom Experience: Our seasoned bankruptcy lawyers have significant experience in the courtrooms. We are not afraid to take cases to trial if it aligns with our client’s goal, and we have a track record of winning.
• Skilled Mediation for Dispute Resolution: Our firm provides experienced neutrals adept at mediating disputes within the bankruptcy-insolvency context and other commercial disputes, ensuring effective and strategic resolutions.

Our bankruptcy attorneys have been recognized in Chambers USA, Best Lawyers in America®, Lawdragon, Super Lawyers, Business Tennessee, and Nashville Business Journal's "Best of the Bar."

Experience

• Representation of Old Time Pottery, LLC in Chapter 11 Bankruptcy
  In early 2020, Old Time Pottery operated approximately 45 retail stores, selling primarily home furnishings and décor. After being hit...
• Representation of SouthEast Waffles in Chapter 11 Bankruptcy
  We represented SouthEast Waffles, the largest independent franchisee of Waffle House restaurants at the time, in its Chapter 11 bankruptcy...
• Representation of Williamson Memorial Hospital, Inc. in Chapter 11 Bankruptcy
  We serve as debtor’s counsel to Williamson Memorial Hospital, Inc., a rural hospital in West Virginia. Due to declining revenues...
• Representation of Nashville Pharmacy Services, LLC in Chapter 11 Bankruptcy
  We completed the successful Chapter 11 bankruptcy reorganization for Nashville Pharmacy Services, LLC (NPS). The confirmed plan of reorganization provides...
• Outside Counsel to the Nashville Predators
  Bass, Berry & Sims has served as primary outside counsel to the NHL’s Nashville Predators since 2010.
• Counsel to Unsecured Creditors in Bankruptcy Settlement
  In our role as counsel to the Official Committee of Unsecured Creditors of Vanguard Healthcare, we protected the interests of...
• Liquidating Trustee Looks to Bass, Berry & Sims
  We represented the liquidating trustee in a high-profile bankruptcy and achieved multi-million dollar D&O settlement on a contingency basis.
• Defense Verdict for AutoZone
  We successfully obtained complete defense judgment on behalf of AutoZone in the bankruptcy court for the District of Delaware in...
• Representation of The Shreibmans in Chapter 11 Bankruptcy
  We represented Amnon and Ruth Shreibman in one of the largest individual Chapter 11 cases in the country, involving approximately...
• Representation of Artist Management Company
  We represented a management and publishing company in a suit filed by a well-known entertainer in an attempt to "break"...

Professionals