Business Services

Bankruptcy & Creditors' Rights

Roetzel's insolvency attorneys excel in guiding clients through the complexities of financial restructuring, protecting assets, and maximizing recovery. We understand the cost-benefit analyses driving business decisions and the regulatory complexities of financial institutions. Our team develops customized strategies to safeguard clients' rights and identify the optimal path forward. We help clients implement practices to minimize credit risks and support collection efforts if defaults occur.

Our clients include major and community banks, credit unions, private equity funds, hedge funds, REITs, and other lenders to distressed companies.

We also assist commercial landlords, equipment lessors, vendors, and businesses facing insolvent customers or tenants. Additionally, we defend against preference or fraudulent transfer actions, assist investors in distressed acquisitions, and negotiate with debtors and creditor committees in Chapter 11 cases.

Our Experience

  • Coordinated an orderly liquidation of a national chain of retail stores
  • Convinced a bankruptcy court to allow a British manufacturer to terminate an exclusive distribution agreement with its North American distributor after the distributor went into Chapter 11
  • Guided the successful "stalking horse" bidder through the purchase of an electrical transformer business from a Chapter 11 trustee
  • Counseled several creditors in the Enron bankruptcy case
  • Obtained relief from stay for several secured creditors in various Chapter 11 proceedings
  • Counseled insurers that provided product liability coverage to a medical device manufacturer, which later filed Chapter 11
  • Represented an equipment lessor in litigation over whether a lease was a true lease or an unperfected secured transaction
  • Assisted a Chapter 11 trustee's operation and sale of a printing business, which had several competing secured creditors, as well as labor issues
  • Represented the Ohio Department of Insurance and a court-appointed liquidator in concluding the affairs of an insurance company
  • Helped a Chapter 7 trustee liquidate a manufactured home dealership business, satisfy the claims of several floor plan financiers, and resolve the claims of over 100 unhappy home buyers
  • Served as the Securities Investor Protection Corporation trustee in the liquidation of a securities firm
  • Served as a receiver in the liquidation of a used industrial machinery dealer
  • Negotiated favorable settlements on preference claims and/or persuaded trustees/debtors to dismiss other such claims
  • Negotiated a cash settlement of a guaranty, combined with consent to a receivership for a housing development
  • Coordinated the care of and brokered the sale of an MRI unit for the benefit of a secured creditor, after the borrower defaulted and closed the business without arranging to care for the machine
  • Successfully mediated a federal lawsuit brought against out-of-state guarantors who originally denied any liability under the guaranties

What We Do

REORGANIZATIONS AND LIQUIDATIONS

  • Develop Chapter 11 plans and disclosure statements
  • Litigate claims
  • Negotiate creditor composition agreements
  • Represent creditors' committee 
  • Represent debtors
  • Sell assets and going-concern businesses

BANKRUPTCY AND COMMERCIAL LITIGATION

  • Assume or reject executory contracts
  • Defend or prosecute fraudulent transfer actions
  • Defend or prosecute preferential transfer actions
  • Handle dischargeability actions

LOAN DOCUMENTATION AND ADMINISTRATION

  • Assign claims and collateral
  • Arrange debtor-in-possession financing
  • Handle forbearance and workout agreements and restated loan agreements
  • Manage secured transactions

CREDITOR REPRESENTATION

  • Handle cognovit actions
  • Represent creditors' committees
  • Handle discovery of assets
  • Manage foreclosures and receiverships
  • Handle reaffirmation
  • File replevin actions
  • Seek relief from stay

TAX CREDIT TRANSACTIONS

  • Resolve partnership disputes
  • Address termination issues
  • Manage chapter 11 - limited partnership agreements

Related Media & Events

  1. Alerts
    Third-Party Releases Are Not Consistent with Bankruptcy Code: Creditors Can Still Maintain Direct Claims - Dec 22, 2021
    Tenants Get at Least a Week’s Breathing Room Under Continuing Eviction Moratorium - May 6, 2021
    Federal Judge Vacates CDC Eviction Moratorium - May 5, 2021
    The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”) - Jan 6, 2021
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages - Aug 4, 2016
    U.S. Supreme Court Says No to Lien Stripping in a Chapter 7 Bankruptcy - Jun 9, 2015
  2. Articles
    Why I Became Certified, and Why I Want to Stay ABC Certified - Sep 1, 2015
    Realizing the Recovery: Recent Case Law from the Eleventh Circuit - Summer 2014 - Cramdown, Tampa Bay Bankruptcy Attorneys
    Keeping Your Priorities Straight: The New Amendments to Article 9 - Spring 2012 - The Cramdown, Tampa Bay Bankrtuptcy Attorneys
    10 Things Every Practitioner Should Know About the New Bankruptcy Act - Oct 15, 2006
    Some Musings on Fraud in Bankruptcy Cases - Oct 1, 2006
    A Change In The Bankruptcy Preference Law - Jun 1, 2006
    The C-L Cartage and Deprizio Cases - 1991 - Ohio Lawyer
    Environmental Risks in Bankruptcy - 1991 - Ohio Lawyer
  3. Firm News
    Eleven Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 3, 2024
    100 Roetzel Attorneys Named 2025 Best Lawyers®, “Ones to Watch” - Aug 15, 2024
    Nine Roetzel Attorneys Named Best Lawyers 2025 “Lawyer of the Year” - Aug 15, 2024
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    22 Roetzel Attorneys Named 2023 Ohio Super Lawyers and Rising Stars - Dec 29, 2022
    Roetzel & Andress Named to 2023 “Best Law Firms” List - Nov 3, 2022
    20 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Nine Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2023 - Aug 18, 2022
    Joseph Ramos Joins Roetzel’s Business Litigation Group in Chicago - Mar 25, 2022
    Twenty-Seven Roetzel Attorneys Selected to 2022 Ohio Super Lawyers and Rising Stars List - Dec 30, 2021
    Roetzel & Andress Named to 2022 “Best Law Firms” List - Nov 4, 2021
    16 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2021
    Six Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2022 - Aug 19, 2021
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch - Aug 19, 2021
    Nine Roetzel & Andress Attorneys Recognized in 2021 Florida Super Lawyers - Jun 24, 2021
    Thirty Roetzel Attorneys Selected to 2021 Ohio Super Lawyers and Rising Stars List - Dec 8, 2020
    Roetzel & Andress Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® - Nov 5, 2020
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” - Aug 20, 2020
    Eleven Roetzel Attorneys Named 2020 Florida Super Lawyers or Rising Stars - Jun 4, 2020
    Roetzel & Andress Announces New Office Location; Adds Three Shareholders - May 13, 2020
    Roetzel & Andress Names Four New Shareholders - Jan 1, 2020
    23 Roetzel Attorneys Named 2020 Ohio Super Lawyers®; 11 Named Rising Stars® - Nov 27, 2019
    Roetzel & Andress Ranked Among Nation’s 2020 “Best Law Firms” by U.S. News — Best Lawyers® - Nov 1, 2019
    Eleven Roetzel Attorneys Named Among Naples Illustrated 2019 Top Lawyers - Sep 25, 2019
    Roetzel Announces Attorneys Named Among 2019 Florida Super Lawyers and Rising Stars - Jun 6, 2019
    Giordano and Lupo Join Roetzel & Andress Board of Directors - Dec 7, 2018
    Roetzel Welcomes E. Mark Young as Partner in Cleveland Office - Feb 26, 2018
    Roetzel & Andress Ranked in 2018 "Best Law Firms" List - Nov 2, 2017
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Roetzel Partner Paul A. Giordano Assumes Chairmanship of Coastal Conservation Association Florida - Dec 16, 2015
    Roetzel Attorneys Help Bring New Life to Akron Building - Dec 3, 2015
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Roetzel Receives Top Rankings in Chambers USA 2015 - May 26, 2015
    Roetzel Partner Paul A. Giordano Assumes Vice-Chairmanship of Coastal Conservation Association Florida - Feb 2, 2015
    Roetzel's Paul A. Giordano Becomes President of Southwest Florida Bankruptcy Professional Association - Nov 11, 2014
    Roetzel & Andress Ranked in 2015 "Best Law Firms" - Nov 3, 2014
    Three Roetzel Attorneys Named Ohio "Lawyers of the Year" by Best Lawyers® - Aug 18, 2014
    Roetzel Partner Paul A. Giordano Speaks to Southwest Florida Bankruptcy Professionals - Jun 19, 2014
    Roetzel Receives Top Rankings in Chambers USA 2014 - Jun 6, 2014
    Roetzel Partner Paul A. Giordano Takes Over as President of Coastal Conservation Association Florida - Jan 20, 2014
    Roetzel Ranked Among Best Law Firms by U.S. News & World Report - Nov 5, 2013
    Roetzel's Paul A. Giordano Becomes Vice President of Southwest Florida Bankruptcy Professionals Association - Sep 26, 2013
    Roetzel's Thomas S. Zaremba Successfully Concludes the Liquidation of Continental Capital Investment Services and Continental Capital Securities Under the Securities Investor Protection Act, with 100% Recovery for Protected Customers - Jul 25, 2013
    Roetzel's Paul A. Giordano Named as one of Florida's Legal Elite - Jul 15, 2013
    Roetzel Partner Paul A. Giordano Selected as President and Chairman of the Board of The Bankruptcy Legal Education Series Foundation, Inc. - Apr 18, 2013