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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.

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.