Bankruptcy, Restructuring & Creditors' Rights

Lugenbuhl represents a wide array of constituencies in Chapter 11 reorganization proceedings, including acting as counsel for numerous corporate and partnership Chapter 11 debtors, as well as committees, trustees, secured and unsecured creditors, bondholders and equity holders.

In its role as counsel in complex corporate bankruptcy cases, Lugenbuhl has gained vast experience navigating complex protocol and oft-contested issues, including debtor-in-possession financing and request for use of cash collateral. Lugenbuhl also has substantial experience in negotiating, confirming, and implementing Chapter 11 plans of reorganization and liquidation, including representing liquidating and litigating trusts. In this area, the firm has both commercial litigation and mergers and acquisitions experience, which it brings to bear at the confluence of such practices in Chapter 11 proceedings.

Lugenbuhl has served either as counsel for the debtor or as an official committee in large corporate reorganizations such as Torch Offshore, Inc., Bender Shipbuilding & Repair Co., Inc., Gulf Fleet Holdings, Inc., Virgin Oil Co., Inc., East Cameron Partners, L.P., and Trico Marine Services, Inc. Our bankruptcy, restructurings, and creditors’ rights section leader, Stewart Peck, is recognized in Chambers USA as a leading bankruptcy practitioner and is listed in Louisiana Super Lawyers and Best Lawyers in America.

The firm has special expertise in oil-and-gas, energy-service, and maritime reorganizations. Lugenbuhl has been involved with a myriad of oil-and-gas service clients and other creditor clients in connection with complex Chapter 11 bankruptcy cases. In addition, this firm has a wealth of experience working with clients to handle other collection efforts, such as the filing of an involuntary bankruptcy by a group of creditors or the enforcement of statutory lien rights afforded to parties under a set of Louisiana acts or under the mechanics and materialmen’s liens under other states’ laws. Prompt and active involvement on behalf of such creditors is critical in protecting and avoiding dissipation of these parties’ rights.

Additionally, because of Lugenbuhl’s location on the Gulf Coast, and because of our depth and concentration in admiralty and maritime law, we are well-positioned to preserve and enforce maritime lien rights arising in favor of our creditor clients.

Lugenbuhl’s extensive mergers and acquisitions experience allows our firm to provide advice and direction to clients seeking to participate in asset and equity sales in pending reorganization proceedings. Our restructuring team has also worked cooperatively with its clients to negotiate the terms of “stalking horse” bids, participate in court-approved auctions, and consummate purchase and sale agreements in complex bankruptcy cases.

Finally, because commercial clients are often seeking advice on how to restructure their debts while avoiding the courtroom, Lugenbuhl is firmly committed to providing proactive solutions. For example, prior to filing a formal bankruptcy proceeding under Chapter 11, we consult with our debtor-clients and attempt to negotiate with their lenders and other creditors in order to effectuate an out-of-court workout or restructuring. For our creditor clients, we aggressively pursue state and federal court remedies, including filing, perfecting and enforcing statutory lien rights, and enforcing contractual rights and remedies.

Key Contacts
Stewart F. Peck

Stewart F. Peck

New Orleans Office
Christopher T. Caplinger

Christopher T. Caplinger

New Orleans Office
Benjamin W. Kadden

Benjamin W. Kadden

New Orleans Office

The following list includes more Lugenbuhl attorneys who focus in Bankruptcy, Restructuring & Creditors' Rights: