Financial Restructuring

Risk is a business opportunity.

Changing preferences, regulatory developments, economic volatility, and shifting political winds can impact the fortunes of an enterprise, an investment or an asset at any time. Goodwin’s global Financial Restructuring team works with clients to identify in advance and take advantage of the opportunities created by uncertainty. We develop commercial solutions that create and preserve value.

From distressed enterprises, loan portfolios, real estate assets, joint ventures, and intellectual property licenses, across business sectors, our team advises debtors, directors, management, creditors, investors, lenders, debt holders, distressed asset acquirers and special board, creditor and equity committees in complex restructuring matters worldwide. Our team is known for its ability to anticipate financial issues and devise strategies with ingenuity to identify and address financial opportunities before they become crises.

We represent every type of major stakeholder invested in, or interested in acquiring, a stressed enterprise or asset. We work with colleagues across practices to implement transactional solutions and innovative strategies that produce creative, successful transaction structures, asset acquisitions, refinancings, recapitalizations, reorganizations and liability management — both within and outside of formal bankruptcy or insolvency cases. 

We represent clients in negotiations and litigation with other stakeholders — from negotiating the enforcement of creditor rights and claims, debtor protections against creditors and the express terms of financial restructurings, to litigating confirmation of contested plans, and representing debtors and creditors in valuation and claw-back disputes.

Recent Client Engagements

The ongoing convergence of capital and innovation requires advisors who are equally fluent in capital markets, transaction structures, corporate governance, financial restructuring, and cutting edge legal issues. Our work for financial restructuring clients includes:

Company and Debtor Representations

We represented Gibson Brands as debtor-in-possession in its successful restructuring of approximately $500 million of funded debt obligations through a Chapter 11 plan

Equity Sponsor Representations

Goodwin represented Charlesbank Capital Partners and CB Marathon Opco LLC in the purchase of the assets of Rockport Company et al. out of Rockport’s Chapter 11 case

Distressed M+A and Bankruptcy Code Section 363 Sales

Our team represented the stalking horse and ultimately successful purchaser of substantially all of the assets of Videology, Inc. through an auction and sale under Section 363 of the Bankruptcy Code

Creditor Representations

Goodwin represented Aegerion Pharmaceuticals and a substantial creditor of a rare drug biopharmaceutical company in connection with the Chapter 11 restructuring of over $400 million of liabilities 

Special Situations and Mass Torts Bankruptcies

Goodwin serves as Designated Bankruptcy Counsel for the Co-Leads in the General Motors LLC Ignition Switch Litigation

Acquiring Over-Leveraged Assets

Goodwin acted for Medical Properties Trust in relation to the £1.5 billion acquisition of BMI Healthcare, a portfolio of 30 private hospitals in the largest UK real estate transaction of 2019