Bankruptcy
Cohne Kinghorn’s Bankruptcy practice group has earned a strong reputation in sophisticated business bankruptcy matters. The firm is well known for representing debtor companies in Chapter 11 reorganization proceedings, and is experienced in navigating the complicated procedures of business reorganizations, including Chapter 11 plan confirmation. The firm also represents companies in bankruptcy alternatives, such as out-of-court negotiations with creditors, receiverships, and assignments for the benefit of creditors. The firm frequently represents and advises creditors in bankruptcy cases, and its Creditors’ Rights practice group is separately described.
Cohne Kinghorn also focuses its bankruptcy practice on representing bankruptcy trustees and assisting parties who may be facing litigation with bankruptcy trustees. George Hofmann serves on the panel of Chapter 7 trustees for the United States District Court for the District of Utah. Of the fourteen members of the Utah panel of Chapter 7 trustees, the firm has represented half of them. The firm is well qualified to assist bankruptcy trustees and is familiar with the legal issues trustees frequently encounter. This experience also gives the firm an advantage in representing parties who are sued by bankruptcy trustees, for example in preference or fraudulent transfer litigation.
Business bankruptcy cases frequently involve a constellation of parties, and the firm is experienced in representing parties in all aspects of these proceedings. For example, the firm has particular expertise in representing buyers of assets through bankruptcy court approved sales. Members of the bankruptcy practice group have represented creditors committees, examiners, landlords, parties to contracts with bankrupt companies, and former officers of companies in bankruptcy.
Cohne Kinghorn represents individual debtors in Chapter 7 liquidation proceedings, but only where the individual’s debts are primarily business debts. Its lawyers frequently represent individuals who may have a failed business, but wish to obtain the “fresh start” afforded by Chapter 7 bankruptcy.
The firm does not take a “cookie cutter” approach to bankruptcy matters. No two clients or bankruptcy cases are the same, and the firm’s attorneys are always cognizant that employing a cost-benefit analysis is essential in bankruptcy. We strive to provide the maximum value to our clients at a reasonable cost, recognizing that the client’s needs and desires are paramount.