Business Bankruptcy Cases
Birch Horton Bittner & Cherot represents both creditors and debtors. The experience representing creditors is useful in representing debtors in other cases, and vice versa.
When representing a creditor, the focus is on taking the necessary steps to preserve the creditor’s right and execute strategy to maximize recovery. There are times when the debtor is under pressure and may reach agreements with a creditor which has paid close attention to the proceedings and presented issues that the debtor chooses not to litigate. In addition to representing individual creditors, Birch Horton Bittner & Cherot also represents creditor committees. See unsecured creditor committee representation.
When representing a debtor, the focus is on setting goals for the bankruptcy case (going concern sale, reorganization and financial rehabilitation, liquidation) and financing the case, and then prosecuting the case as efficiently as possible. It may be necessary to negotiate resolution to creditor objections. Bankruptcy case are generally filed only when other strategies for resolving financial issues have been considered or tried and are not feasible. See Bankruptcy-avoidance strategies and pre-bankruptcy counseling.
In addition, it is important to anticipate litigation that may be spawned by the bankruptcy filing. See Bankruptcy and Insolvency-Related Litigation.