Business Services

Bankruptcy & Creditors' Rights

No matter what type of restructuring scenario you encounter as a creditor or investor, the one constant is that there will be many competing stakeholder interests at play. In order to reach the desired result at the lowest possible cost, it is imperative to have counsel with a thorough understanding of how these competing interests interact and affect the course of such matters.

Roetzel’s insolvency lawyers are highly seasoned and battle-tested. Experienced counsel will help you navigate the restructuring process, protect any collateral and maximize your recovery.

Our attorneys understand both the cost-benefit analysis that drives business decisions, as well as the complex regulatory issues that underpin the analysis of many financial institutions.

Our clients are:

  • Major commercial banks, community banks, credit unions, private equity funds, hedge funds, REITs and other lenders with secured and unsecured loans to distressed companies.
  • Commercial landlords, equipment lessors and vendors whose tenants or customers are insolvent.
  • Distributors, vendors and other businesses whose customers are in default or bankruptcy.
  • Defendants—or targets of bankruptcy trustees—in preference or fraudulent transfer actions.
  • Investors buying loan documents/assets/companies at all stages of distress, including out of bankruptcy cases.
  • Creditor committees in Chapter 11 bankruptcy cases, negotiating various issues with debtors and other stakeholders in the case to protect the creditor body’s collective interests.

We use our experience in commercial transactions to develop customized strategies that protect our clients' rights and help them determine the most appropriate course of action for each situation. Whether it is navigating a complex bankruptcy case or assisting with COVID related PPP and loan deferral situations, we lean on our decades of experience. In sum, we assist clients with implementing business practices and procedures to minimize the risks inherent in obtaining and extending credit, and to assist in collection efforts upon a default, should that case arise for our clients.

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


  • Chapter 11 plans and disclosure statements
  • Claims litigation
  • Creditor Composition Agreements
  • Creditors' Committee representation
  • Debtors' representation
  • Sales of assets and going-concern businesses


  • Assumption or rejection of executory contracts
  • Defense or prosecution of fraudulent transfer actions
  • Defense or prosecution of preferential transfer actions
  • Dischargeability actions


  • Assignment of claims and collateral
  • Debtor-in-possession financing
  • Forbearance and workout agreements and restated loan agreements
  • Secured transactions


  • Cognovit actions
  • Creditors' committee representation
  • Discovery of assets
  • Foreclosures and receiverships
  • Reaffirmation
  • Replevin actions
  • Relief from stay


  • Partnership disputes
  • Termination issues
  • 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
    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
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch - Aug 19, 2021
    Six Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2022 - 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