Business Restructuring & Insolvency Business Restructuring & Insolvency
Practices & Industries Served

Business Restructuring & Insolvency

Experience and depth, when it’s needed the most.

Our Business Restructuring and Insolvency team brings a comprehensive understanding of banking, commercial, and litigation issues to every case.

The Business Restructuring and Insolvency Practice Group represents clients throughout the United States, including the busy reorganization courts in Delaware and the Southern District of New York. Within New England, the group plays a significant role in the majority of business bankruptcy and Chapter 11 cases filed, with an emphasis on the representation of debtors in Chapter 11, as well as purchasers of assets. Outside New England, members of the group have represented asset purchasers in section 363 and plan sales of assets, as well as major parties-in-interest in Chapter 11 cases and business bankruptcy-related litigation.

Recent bankruptcy services in New England includes representation of clients in:

  • Montreal Maine & Atlantic Railway, LTD (Maine)
  • Irving Tanning (Maine)
  • Thibeault’s Oil (Maine)
  • Maietta Construction (Maine)
  • Maine PCS (Maine)
  • Associated Grocers of Maine (Maine)
  • M.W. Sewall (Maine)
  • Red Shield (Maine)
  • Pegasus Satellite (Maine)
  • Androscoggin Energy (Maine)
  • Lincoln Pulp and Paper (Maine)
  • Parkview Hospital (Maine)
  • KS Realty (New Hampshire)
  • USA Springs (New Hampshire)
  • Munce’s Superior Oil Products (New Hampshire)
  • Lapointe International (Massachusetts)
  • American Paper Mills (Vermont)

Recent work outside of New England includes representation of clients in:

  • SJC, Inc. (Delaware)
  • Nortel Networks (Delaware)
  • New Century Mortgage (Delaware)
  • Homebanc Mortgage (Delaware)
  • Fraser Papers (Canada and Delaware)
  • Hartmarx (Illinois)
  • FairPoint Communications (Southern District of New York)
  • Lehman Brothers (Southern District of New York)
We have a deep interdisciplinary bench.

The group’s expertise includes litigation regarding officers and directors’ liability, lender liability, complex preferential and fraudulent transfers, and other commercial and business tort litigation. Clients of the group include business debtors, liquidating trustees, creditors’ committees, parties acquiring distressed businesses, and other parties affected by insolvency proceedings. Business restructuring and insolvency attorneys work regularly with colleagues in the firm’s Business Law, Litigation, Mergers & Acquisitions, Finance, Intellectual Property and Land Use & Environmental practice groups to prosecute and defend complex litigation issues, structure sophisticated transactions, and provide strategic legal and business counsel to financially distressed entities and those who deal with them.

We know restructuring inside and out.

The group’s senior member and co-chair is a fellow of the American College of Bankruptcy, the practice area’s highest honor, and the 2009-2010 president of the American Bankruptcy Institute. The group’s attorneys are members of the ABI and the Turnaround Management Association, as well as other professional associations dedicated to insolvency issues and restoration of corporate value. Two attorneys are certified in Business Bankruptcy by the American Board of Certification. Group members have been recognized in Best Lawyers in America and Chambers USA, as some of the top corporate bankruptcy attorneys in Maine.

We provide complex bankruptcy mediation and fiduciary services.

A specialty within our broader business restructuring practice, Bernstein Shur’s Complex Bankruptcy Mediation & Fiduciary Services team is well known and respected for finding pragmatic and cost-effective solutions to complex domestic and cross-border cases.

Having presided over cases in many industries—including agriculture, paper, manufacturing, retail, electrical transmission, railroad, petroleum, and natural gas—retired U.S. Bankruptcy Judge Louis H. Kornreich brings a wealth of experience in mediation, consulting, and fiduciary services to the team.

Additionally, Robert J. Keach, chair of our Business Restructuring & Insolvency Practice Group, is a seasoned provider of fiduciary services, having been the trustee for Montreal, Maine & Atlantic Railway and the fee examiner for American Airlines. He is also a fellow of the American College of Bankruptcy, the practice area’s highest honor, and was the 2009 – 2010 president of the American Bankruptcy Institute.

Judge Kornreich is a registered mediator with the U.S. Bankruptcy Court for the Southern District of New York, District of Delaware and District of Massachusetts.

  • We received an award from M&A Advisors for our work on the Montreal, Maine & Atlantic Railway case
  • Robert J. Keach has been recognized for his work as co-chair of the ABI Commission to Study the Reform of Chapter 11
  • Shareholders in the group are recognized by Chambers and Best Lawyers in America

Our practice includes:

  • Chapter 11 restructurings and sales
  • Buyer-side distress M&A
  • Deferred compensation class claims
  • Complex bankruptcy mediation and fiduciary services