RLT handles the full-range of bankruptcy-related issues in corporate bankruptcy cases. The firm represents debtors in Chapter 11 bankruptcy proceedings and in Chapter 7 liquidation matters. As an alternative, the firm also advises on the cost-effective and highly flexible state court assignment for the benefit of creditor proceeding.
In the Chapter 11 cases, RLT takes the time necessary with its clients prior to the commencement of a bankruptcy case, to outline a clear, definitive path to a successful reorganization or, if appropriate, orderly liquidation designed to maximize the going-concern value of the business, explaining in detail the legal and practical requirements associated with obtaining confirmation of a plan of reorganization or orderly liquidation. The firm will detail the concept of exclusivity and the importance of preserving exclusivity throughout the Chapter 11 process. Prior to any bankruptcy filing, RLT will identify the various classes of voting creditors and will explain the necessity of obtaining the affirmative vote of one class of impaired creditors for a successful reorganization to occur.
The firm and its attorneys will identify the significant steps which constitute the Chapter 11 process, including the preparation and filing of a Voluntary Petition, the filing of Schedules and the Statement of Financial Affairs, attendance at the initial debtor interview with the United States Trustee's Office, the conduct of a meeting for the formation of an official committee of unsecured creditors, the expectations for the creditors' meeting, the importance of complying with the initial reporting requirements of the United States Trustee's Office, including the preparation of projections, the need to maintain insurance and to timely pay post-petition taxes and payroll obligations, the filing of monthly operating reports, the preparation of a disclosure statement and plan of reorganization, and the process by which Bankruptcy Court confirmation of a reorganization plan occurs.
In circumstances where the prospect of a successful reorganization is non-existent or simply impracticable, RLT will explain the benefits of utilizing the Chapter 11 process for other outcomes, such as a sale of assets free and clear of liens and claims. The firm will also pursue the prospect of a Chapter 7 bankruptcy filing, while carefully studying the risks, including the potential detrimental impact upon the corporate client's principals, of such an option.
The attorneys of RLT will also consider the consequences of not pursuing bankruptcy relief and the important impact in connection with a potential bankruptcy filing of the possible pursuit of insider claims and causes of action. Moreover, because Jay L. Lubetkin is a Chapter 7 Trustee himself with experience in administering more than 10,000 cases, his "insider's" perspective to the firm's clients is invaluable.