Bankruptcy, Workouts and Restructuring

Our lawyers look at a business's debts and troubled companies as business events, where bankruptcy laws can be harnessed as tools to help restructure businesses, buy assets or protect a creditor's interests. We have years of practical, first-hand experience helping struggling businesses and entrepreneurs facing debt problems, creditors seeking protection of their rights and  entrepreneurs looking to acquire assets at optimum terms.

Unlike many other attorneys practicing bankruptcy, reorganization and workout law, our lawyers have a 360-degree perspective of a client's business problems.  We recognize that the finances of a business are intertwined with the finances and emotions of the business owner, an understanding that promotes a holistic approach in dealing with the issues of a company and the impact on the individuals behind the business.  The result is a realistic business approach, which may require creditor negotiations to restructure the company, or seeking the protection of the bankruptcy court to help reach a workable solution.

The filing of a bankruptcy does not mean that a creditor should throw in the towel.  Our lawyers represent creditors in workout negotiations and to navigate the Bankruptcy Code when creditors are forced into that legal arena.  We have also used the bankruptcy process to help enterprising businesses ­ in Colorado and elsewhere ­ looking to acquire the assets of distressed competitors, vendors and other industry players, usually at a discounted price.

MB Law in Action – Featured Client Case Studies

Case Study: Owner Needs to Liquidate Company But Wants To Avoid Personal Bankruptcy

Our Client’s Objective:  The owner of a company that installed audio and visual equipment was facing financial distress and had medical issues that necessitated shutting down of the business.  He was concerned about how to do so and was afraid if not properly done, he would be facing bankruptcy himself having guaranteed some loans.

MB Approach:  Dave developed a plan to liquidate the assets outside of the bankruptcy process and prioritize the payment to creditors which eliminated the guaranty of the owner.

What’s Next:  The owner of the company was able to liquidate the company, pay creditors, and avoid a personal bankruptcy.

Case Study: Company Needed An Asset To Fulfill a Contract

Our Client’s Objective:  A fire suppressant company was rewarded a contract which required a special and costly piece of equipment.  A competitor with the needed equipment had filed bankruptcy and was liquidating.

MB Approach:  Dave assisted the client in becoming the successful bidder at the bankruptcy auction.

What’s Next:  The client got the needed piece of equipment at about the third of the cost on the open market and acquired the competitor’s client and servicing list which expanded the client’s business operations.

Practice Strengths

Minor Brown represents both debtors and creditors involving distressed small businesses and entrepreneurs. The firm helps with workouts and bankruptcy for these companies and owners, as well as providing general creditor and creditor committee representation.  Our strengths in these areas of the law include:

  • Bankruptcy
  • Reorganizations
  • Workouts
  • Creditors' Rights
  • Commercial Litigation