Distressed M&A

Unparalleled Experience in Debt Restructuring and Distressed Investments.

Dynamic markets can present stress and challenges to some companies and opportunities for growth and investment to others. Having one of the most prominent financial restructuring practices among international law firms and having been involved in some of the largest bankruptcies in the US, Milbank is uniquely qualified to advise clients in distressed M&A transactions. We have extensive experience in advising clients facing financial burdens and those searching for new opportunities in a wide variety of restructuring transactions both before and following the commencement of formal insolvency proceedings, including:

  • Out-of-court debt restructurings
  • In-court bankruptcy proceedings
  • Providing corporate governance advice tailored to the unique environment of a distressed company
  • Investments in distressed companies
  • Acquisitions of companies in bankruptcy.

Integrated Team and experience

The breadth and depth of our experience provides us substantive insight into the critical issues faced by business organizations in financial difficulty and other related parties. We bring this expertise to bear whether the transaction is a consensual business restructuring or a court-ordered restructuring. We regularly represent debtors and potential acquirers in Section 363 asset sales and transactions across all types of businesses.

As part of an integrated team, we represent all the key participants in corporate restructuring transactions, including:

  • Hedge funds, private equity firms and other investors
  • Financially distressed companies
  • Boards of directors seeking to improve performance or maximize value
  • Creditors’ committees
  • Financial advisors.

As with our other corporate practices, we apply our corporate restructuring expertise in connection with financially distressed companies operating in a range of industry sectors and geographic regions.