Corporate, Business, and Commercial

Bankruptcy and Creditors’ Rights

Birch Horton Bittner & Cherot has experienced bankruptcy and creditors’ rights attorneys in both its Anchorage and Washington offices. BHBC frequently represents clients in transactions where the possibility of the other party seeking bankruptcy protection must be fully addressed and the transaction documented accordingly.

Our attorneys participate in bankruptcy cases in Alaska, the Northwest, the Washington, D.C., area, New York, Delaware and elsewhere. In any given case, we may represent the secured creditor, an unsecured creditor or a creditors’ committee, the debtor, the suppliers of goods or services to the debtor, a union or another interested party.

BHBC counsels borrowers as well as lenders in planning transactions. We have represented debtors in successful Chapter 11 reorganizations, and we have also provided strategic advice that has assisted firm clients with avoiding bankruptcy entirely. Our firm has a record of success in insolvency-related and lender-related litigation, both in bankruptcy and non-bankruptcy courts.

Representative matters include:

  • Debtor’s counsel in a successful Chapter 11 reorganization of a seafood processor and in the reorganization of a sawmill; assisted in representation of large airline debtor through its Chapter 11 case.
  • Represented lead secured creditors in numerous Chapter 11 cases.
  • Counsel to unions in Chapter 11 cases of national and regional airlines.
  • Represented lenders in disputes over title to real property involved in bankruptcy proceedings.
  • Counsel for suppliers of wholesale telecommunications services to telecommunications debtors including WorldCom, Global Crossing, Touch America, ICG, e.spire and others. Obtained enhanced recovery for clients through objections to Chapter 11 plan confirmation.
  • Represented the Port of Seattle with respect to its interests in the bankruptcy of an Alaska-based air carrier, MarkAir, Inc., including representation with respect to the collection of passenger facilities charges and an avoidance action filed by the Chapter 7 trustee.
  • Defended a national bank against multiple-plaintiff consumer litigation alleging violation of automatic stay/discharge injunction in reporting account status to credit reporting agencies.
  • Associate counsel for unsecured creditors committee consisting of personal injury claimants in Chapter 11 bankruptcy of not-for-profit trade association with $20 million in assets.
  • Defended numerous preference and other avoidance actions filed by bankruptcy trustees and debtors-in-possession.