We Help Clients Navigate Bankruptcy

MosterWynne offers comprehensive Chapter 11 bankruptcy representation to creditors and debtors in Texas and nationwide. The firm’s bankruptcy practice is led by Senior Partner Charles Moster who has represented clients in some of the largest Chapter 11 corporate bankruptcy cases brought in the United States. This includes the privilege of arguing cases on behalf of the Federal government where he created important case law, as well as working with private clients of all shapes, sizes and industries.    

 

Chapter 11 Debtors

MosterWynne offers comprehensive Chapter 11 bankruptcy reorganization services to its business clients. The firm has extensive bankruptcy law experience and can advise clients on whether reorganization is a viable option.

 

Is Chapter 11 bankruptcy my best option?

Not necessarily. Often there are options short of Chapter 11 bankruptcy which will offer real solutions to your company's ongoing problems. MosterWynne has worked successfully in reaching out-of-court arrangements with creditors to avoid a bankruptcy filing and allow for continued operations of our clients’ businesses.

 

What is Chapter 11 Bankruptcy Reorganization?

Federal Law gives companies the right to seek protection under the bankruptcy laws to avoid economic disruption and attacks by creditors, including the government. The process is complex, but essentially allows a company to restructure its obligations and debt to creditors whether secured or unsecured in nature. The Congressional intent of these laws is to give the “honest debtor a fresh start”. A bankruptcy reorganization is also known as a Chapter 11 proceeding.

 

What debts can be restructured in a Chapter 11?

The bankruptcy laws allow debtors to restructure debts of all kinds subject to federal restrictions. Simply put, businesses may be able to substantially reduce debt service to secured creditors by restructuring the terms and interest/principal payments with the assistance of the court. This is done through the process of your lawyer preparing the Chapter 11 Plan which must be approved by creditors. Similarly, unsecured debt can be restructured and often times substantially reduced in the Chapter 11 Plan.

Chapter 11 Creditors

MosterWynne works with clients helping them pursue their rights. Clients include acquisition and investment entities, software and hardware technology companies, government municipalities and agencies, construction companies, manufacturing companies, commercial and residential development firms, architects, restaurant and hospitality firms, management companies, and e-commerce businesses, among others.

 

How can I use bankruptcy to grow my business?

Having a law firm that understands the process from the vantage of both creditors and debtors give clients the ability to use bankruptcy to protect the business or, in some instances, to grow it. For example, companies who are well-capitalized and positioned correctly can often acquire assets through the bankruptcy courts at severely reduced prices.

 

What services can Chapter 11 creditors receive?

The proceedings we initiate depend on the specific claims being enforced on behalf of our clients.

• Relief from Stay – this is filed to recover the creditors’ assets from a bankruptcy proceeding whether it is real property, furniture and fixtures, or intellectual property.  Mr. Moster has recovered myriad of assets ranging from medical ambulatory centers to steel mills and ocean tankers, among others.
• Objection to Plan Confirmation – this is the principal remedy available to creditors to either (1) object to the proposed payment under the Chapter 11 Plan, or (2) force the denial by the Bankruptcy Court of the proposed payout to creditors, i.e., the plan.
• Filing of Proofs of Claim – perfecting secured, unsecured, or priority claims in a Chapter 11 case.
• Rejection of Leases – this is a critical proceeding filed on behalf of landlords to force the eviction of debtor/lessees in default under their lease agreements.
• Purchase of Bankruptcy assets – pursuant to section 363 of the Bankruptcy Code creditors may purchase property subject to court approval.

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