When your clients have difficulty repaying their loans or upholding their lease obligations, it puts a strain on your company’s balance sheet. If your company finds itself in this situation, our Business & Financial Services attorneys can walk you through debt restructuring solutions to address the specific challenges your company might face.
Banks, asset-based lenders, equipment financiers, and other service providers regularly seek KMK’s representation of their rights in connection with defaults by commercial borrowers. We view restructuring as one of the tools available to maximize lender recovery by directing the borrower to refinance or repay the loan on mutually agreeable terms rather than default.
Our lawyers work closely with our clients to review loan documentation, establish strategic objectives, draft loan amendments or forbearance agreements, and implement a restructuring plan aimed at enhanced protections and a streamlined path to judgment if problems reoccur. We also advise lenders concerning appropriate responses to borrower fraud, accusations of lender liability, environmental risks, regulatory restrictions in the borrower’s industry, competing creditor claims, and other pitfalls they may face during the restructuring process. After an agreement is reached, KMK attorneys continue to monitor the file to ensure that the agreement is being properly honored and, in the event of a breach, KMK promptly advises clients on the next steps to take to enforce the agreement, utilizing the mechanism put in place through the amended agreements.
Finally, if litigation becomes necessary, our clients can rely on KMK’s seasoned business litigators to represent their interests and place them in the most secure position possible. KMK attorneys will work with you to develop viable solutions that get your business's receivables back on track and reestablish the company's cashflow. To learn more, call us at (414) 962-5110 or send us an email at kmksc@kmksc.com.
Loan/Lease Restructuring, Workouts & Enforcement Sub-Practice Areas
Team Leaders
Samuel C. Wisotzkey - Department Chair
Samuel M. Draver
Matthew P. Gerdisch
Eric R. von Helms
Zach S. Whitney
Darrell R. Zall