Practice Areas

Out of Court Representations

Most of KTB&S' debtor and creditor representations never lead to chapter 11 or become a matter of public record, but rather are successfully resolved on a confidential, out-of-court basis. KTB&S' intimate familiarity with the chapter 11 process--the drawbacks, the benefits, and the likely outcomes--makes KTB&S uniquely suited to evaluate, structure, and implement out-of-court solutions. Over the last decade, KTB&S has structured numerous successful out-of-court resolutions using a variety of strategies, including debt issuances and exchanges, credit facility amendments, inter-creditor first and second lien agreements, "Dutch auctions" for senior and junior debt positions, recapitalizations, and asset sale transactions. These transactions have occurred in a variety of industries, including agricultural, energy, entertainment, gaming, hospitality, health care, manufacturing, real estate, retail, service and technology industries. KTB&S has developed a wide reputation in the legal and financial community for successfully structuring and accomplishing these out-of-court transactions, which avoid the cost, delay, and risk inherent in chapter 11 filings.