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Bankruptcy

Bankruptcy

Practice Overview

Firm lawyers have extensive experience in handling both general bankruptcy matters and telecommunications-related issues under the Bankruptcy Code. The Firm routinely advises clients in a variety of bankruptcy related matters including purchase of regulated entities and assets out of bankruptcy, pursing creditor client claims in Bankruptcy court, and structuring protections for clients in dealings with distressed carriers and other entities.

Over the years, Firm lawyers have researched and developed a variety deal protections for enterprise, carrier and financial clients against counter-party bankruptcy risks in a variety of jurisdictions. Among these are (i) drafting pre-bankruptcy contract clauses without violating the Bankruptcy Codes ipso facto prohibition; (ii) use of letters of credit, security agreements and collateral guaranties and (iii) creation of bankruptcy remote special purpose entities.

Illustrative Bankruptcy Matters

  • Structuring a broadband wireless joint venture using a special purpose entity, spectrum leases, and other investment protections.
  • Representation of a major wireless carrier as creditors counsel in the Continental Promotions Group, Inc. Chapter 11 filing.
  • Various representations of clients in purchases of regulated telecom entities and assets out of bankruptcy.
  • Extensive participation In the WorldCom case.

Mr. Sapronov represented a major telecommunications company in purchasing all of WorldCom’s shared tenant operations out of bankruptcy including, among other matters, negotiation and arbitration of telecommunications claims purchases and circuit assignments. He further represented a major wireless carrier creditor in settlement negotiations over competing claims in the WorldCom estate.

Synopsis

In sum, the Firms general bankruptcy practice includes:

  • Advising clients regarding sale and acquisition of distressed assets, including claims purchases
  • Representation of creditors with respect to executory contracts and creditor rights, resolution of claims, preference actions and other commercial disputes
  • Structuring pre-bankruptcy protections and other creditor rights in telecom debtor bankruptcies
  • Advising clients in crafting deal protections in transactions with distressed entities
  • Helping clients navigate the complexities of compliance with Bankruptcy code obligations and telecommunications regulatory requirements and
  • Appeals of complex legal issues and commercial matters arising out of bankruptcy courts.