UCC Remedies in Supply Chain Distribution: Anticipatory Repudiation, Adequate Assurance, Bankruptcy Considerations

Mr. Fawkes practices in the areas of bankruptcy, creditors’ rights, and financial restructuring. He represents official committees, unsecured and secured creditors, debtors, financial institutions, post-confirmation trustees, and asset purchasers in chapter 11 and chapter 7 bankruptcy cases, out-of-court restructurings, and liquidation proceedings throughout the United States. Mr. Fawkes has represented clients in matters including plan confirmations, preference, fraudulent transfer and other bankruptcy litigation, cash collateral and debtor-in-possession financing, section 363 sale transactions, real estate and equipment leasing disputes, and claims reconciliation. He also assists clients in structuring their commercial transactions to mitigate the risk of future bankruptcy and insolvency issues. Mr. Fawkes has particular experience representing official committees of unsecured creditors, with over fifty such representations across the United States and across a wide variety of industries, including restaurants, foodservice and grocery stores, agriculture, manufacturing, distribution, mining, and real estate development.

Mr. Jackiw represents both plaintiffs and defendants nationwide in bankruptcy and commercial litigation, including avoidance actions, complex bankruptcy claim disputes, breach of fiduciary duty actions, and bankruptcy fraud litigation. He has prosecuted millions of dollars of preference litigation claims on behalf of liquidating trustees and chapter 7 trustees, and he has defended hundreds of preference and fraudulent transfer claims on behalf of individual defendants in jurisdictions throughout the United States. In addition to his experience in bankruptcy courts, Mr. Jackiw assists clients in general collection and commercial law litigation.

Mr. Torf helps companies maximize their recovery and minimize their risk when dealing with financially distressed customers, suppliers, and other related parties. In Mr. Torf’s creditor-focused bankruptcy practice, he is a creative thinker who considers possible avenues for higher-priority claims and better recoveries that might otherwise not be apparent. He devises and implements strategies to accomplish the goal of maximizing recovery for creditor-side clients, sometimes through negotiation after creating leverage through a court filing and other times through litigation in the bankruptcy court. Mr. Torf frequently counsels clients on rights and remedies available under the Uniform Commercial Code and works with clients to exercise those remedies. When utilized properly, these tools often help get our clients a step ahead of other unsecured creditors.