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Bankruptcy

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We have comprehensive experience in dealing with telecommunication-related matters under the Bankruptcy Code that includes representing a major telecommunications company in purchasing all of WorldCom’s building access/shared tenant operations out of bankruptcy including, among other matters, negotiation and arbitration of telecommunications claims, purchases and circuit assignments. For a copy of our presentations on the Windstream-Aurelius dispute and subsequent Windstream bankruptcy,  please see Part I and Part II

We represent enterprise, carrier and financial clients, with representative experience including:

  • Crafting deal protections against counter-party bankruptcy risk through:
    • Drafting pre-bankruptcy (“early warning”) contract clauses.
    • Preference avoidance and fraudulent conveyance analysis.
    • Use of letters of credit, security agreements and collateral guaranties.
    • Creating bankruptcy remote special purpose entities.
  • Sample transactions have included:
    • Structuring a broadband wireless joint venture using a special purpose entity, spectrum leases, and other investment protections.
    • Representation of a major wireless carrier as creditor’s counsel in the Continental Promotions Group, Inc. Chapter 11 filing.
    • Representation of clients in purchase of regulated telecom assets out of bankruptcy.
  • Extensive participation in the WorldCom case.
  • Advising clients regarding the 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.
  • Helping clients navigate the complexities of overlapping compliance with Bankruptcy Code obligations and telecommunications regulatory requirements.