Crowell & Moring's creditors' rights, bankruptcy, and restructuring lawyers have substantial experience representing every type of constituency in retail insolvencies, as well as in preparing for threatened bankruptcies, protecting rights in bankruptcies, and resolving disputes after bankruptcies. Our clients have included anchor tenants, landlords, secured lenders, unsecured creditors, and shopping center owners. We have played leading roles in some of the larger cases involving businesses such as Harborplace, Dick’s Sporting Goods, Rize Holdings, LLC, Beyond the Rack Enterprises Inc., Builders Blinds LLC, Zebra A/S, Pueblo International, LLC, Kmart Corp., Ames Department Stores, and Levitz Furniture. Our experience also extends to the successful representation of purchasers and other interested parties in connection with the acquisition or disposition of assets and locations in retail cases.

Our experienced retail insolvency lawyers are part of our creditors' rights, bankruptcy, and restructuring team, which provides clients with creative and practical solutions to business problems. We deliver results in bankruptcy and pre-bankruptcy contexts, and focus our efforts on developing and implementing customized strategies to solve our clients' complex financial issues.

Crowell & Moring's bankruptcy and restructuring practice is national in scope. Our team of nearly two-dozen lawyers has served extensively as counselors and litigators for creditors, debtors, and other affected parties. Clients continuously seek our advice on the range of issues that result from doing business with troubled companies, and we have litigated matters for our clients in state and federal trial courts as well as courts of appeal. We have prosecuted and defended cases throughout the country, including Alabama, California, Colorado, Delaware, the District of Columbia, Florida, Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Texas, Utah, and Virginia.

Recognizing that every client relationship must be highly customized and supported by a knowledgeable team of skilled practitioners, we employ a full range of options to achieve the best and most economical results for our clients. The versatility of our team is further enhanced by the sophisticated business sense derived from our extensive experience in the retail and related industries.

Representative Matters

  • Represented various retailers in connection with leasehold issues.
  • Represented a purchaser in connection with its acquisition of assets and locations of a mattress store chain.
  • Represented a nationwide furniture retailer in its Chapter 11 reorganization.
  • Represented various landlords and unsecured creditors in the Chapter 11 proceedings of a major national discount retailer.
  • Represented numerous affiliated companies that owned and/or controlled more than 80 Kmart locations, involving leases and ground leases).
  • Represented a trustee in petitioning a circuit court for the appointment of a receiver to take immediate possession and control of property for a major retail destination.
  • Represented food and beverage borrowers in loan transactions.
  • Represented an acquisition company in connection with amendment to a credit facility.