Most of KTBS' 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. KTBS' intimate familiarity with the chapter 11 process--the drawbacks, the benefits, and the likely outcomes--makes KTBS uniquely suited to evaluate, structure, and implement out-of-court solutions. Over the last decade, KTBS 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. KTBS 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.
Recent News
KTBS in the News | Aug 2022
Case Alert: In re Aearo Technologies LLC
On August 26, 2022, the United States Bankruptcy Court for the Southern District of Indiana issued an opinion after a three-day evidentiary hearing in the In re Aearo Technologies LLC chapter 11 case denying the Aearo debtors’ request for a preliminary injunction to protect their solvent, non-debtor parent 3M Company.…
Read MorePublications | Jun 2023
MOAC Mall Holdings LLC v. Transform Holdco LLC
MOAC Mall Holdings LLC v. Transform Holdco LLC - The Supreme Court's Second Rejection of a Jurisdictional Statutory Interpretation this Year. Sasha M. Gurvitz, KTBS Law LLP Writing for a unanimous court, Justice Jackson held in MOAC Mall Holdings LLC v. Transform Holdco LLC that 11 U.S.C.A. § 363(m)-a provision…
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- Debtor Representations
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- Bankruptcy-Related Acquisitions / Investments
- Bankruptcy Litigation
- Insolvency-Related Commercial Litigation
- Out of Court Representations
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- Trustee & Examiner Representations
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