Stephen R. Harris, Esq.
6151 Lakeside Drive
Reno, NV 89511
Nevada Bar #001463
DEBT RESTRUCTURING AND WORKOUTS
Our firm engages in all phases of insolvency, reorganization, restructuring, creditors' rights, bankruptcy and commercial law. Our practice group has participated in many of the largest bankruptcy and restructuring cases throughout Nevada. . We have represented clients as debtors, secured and unsecured debtors, , asset purchasers, landlords, equipment lessors, vendors, investors, insurers and trustees. Our attorneys are intimately familiar with virtually every facet of bankruptcy, reorganization and the workout process including the representation of purchasers of entire businesses or business segments of troubled enterprises both in and outside of Chapter 11. Our experience includes Chapter 11 reorganizations, liquidations, out-of-court workouts, financial restructurings, pre-packaged and pre-negotiated plans, and cross-border insolvencies. In addition, we have significant experience in litigation arising out of or related to the bankruptcy process. Our representation of corporate clients includes counseling, negotiating and documenting a broad range of commercial finance and lease transactions secured by a wide variety of collateral. These transactions involve all phases of workouts and restructurings of those loans. We also have significant exposure representing lessors. Our expertise in business, real estate, real estate finance, corporate, and commercial litigation matters provides a broad base of experience to negotiate, document and enforce transactions arising in the bankruptcy and restructuring arena.
If you anticipate restructuring existing debt, including both general unsecured debt and debt secured by real estate or other assets, remember that the restructuring may trigger federal income tax consequences. First, any "material modification" of the terms of existing debt is treated as an exchange of the “old” debt for "new" debt, and the exchange could result in debt forgiveness income to the borrower, and other tax consequences to the borrower and / or lender. In addition, any reduction in the amount owed will generally result in debt forgiveness income to the borrower. In some circumstances, it may be possible to avoid, or postpone, the debt forgiveness income. The American Recovery and Reinvestment Act created new alternatives for borrowers to consider in planning for debt forgiveness income.