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Receivership and Bankruptcy Alternatives

The Spencer Fane Receivership and Bankruptcy Alternatives practice helps financial institutions, investors, borrowers, and parties to litigation efficiently maximize monetary recoveries while preserving value of commercial assets and, in some cases operating, maintaining and restructuring ongoing company operations. Clients turn to our team when standard judicial proceedings promise delays and expenses that threaten to diminish asset values. Our attorneys offer business leaders an array of bankruptcy alternatives, including receivership, and work with them to identify the option that best aligns with their goals.

Spencer Fane attorneys have played key roles in creating a business-friendly environment for bankruptcy alternatives. Our attorneys led the drafting and creation of the Missouri Commercial Receivership Act. We have published books and articles on the subject of bankruptcy alternatives, and present panels each year for judges and practitioners alike. Our attorneys perform a high volume of receiverships and are adept at applying the receivership laws to real estate entities, operating companies, service providers, health care providers, and judgment creditors. We have significant experience improving recoveries for stakeholders through state court processes.

For example, we have employed receivership to successfully unwind disadvantageous partnerships on behalf of Fortune 500 companies, and gained recoveries through government payor health care receivables that would otherwise be off-limits under normal state court judicial proceedings. We have managed companies with ongoing business operations, protected out of state property holders from foreign court proceedings that might otherwise affect their rights, and our attorneys have been court-appointed receivers at both the federal and state level.

With attorneys in nearly every area of commercial law, Spencer Fane is situated to provide full service to parties requiring receivership services concerning operating companies, and discrete assets such as real estate.

Representative Experience

  • Counsel to Fortune 100 firm in telecommunications partnership dispute. Successfully resisted incursion by hostile interests, realizing substantial financial savings for partnership and client.
  • Counsel to receiver in wide variety of commercial real estate matters involving office buildings, hotels and other properties including the successful preservation of property value and the transition of such properties to new ownership with rent rolls intact.
  • Counsel to Federal equity receiver in complex commercial fraud case involving the maintenance of company operations and the eventual liquidation of substantial asset pools including assets held in foreign countries.
  • Appointed receiver for substantial tech start up firm with significant venture capital interest. Successfully preserved company operations and value and assisted in the navigation of a complex founder dispute, preserving a significant outside investment opportunity.