Kaplan Kirsch & Rockwell clients have come to rely upon our attorneys’ expertise in navigating the complex world of the bankruptcy courts for creditors, with a particular focus on public sector creditors. While firm attorneys have experience representing debtors in bankruptcy proceedings, most of our attorneys’ work has focused on preparing public agencies for the potential bankruptcy of tenants, users and contractors and then assisting our public agency clients protect their interests through the bankruptcy process.
Kaplan Kirsch & Rockwell attorneys have been deeply involved in all significant post-9/11 airline bankruptcy cases, handling billions of dollars in claims and successfully negotiating the multitude of varying agreements with airlines on behalf of airport owner/operators in airline bankruptcies nationwide. We have also represented airports in a wide range of bankruptcy matters involving other airport users, including rental car companies, concessionaries and hotel developers.
When airlines or other airport tenants and users file a bankruptcy case, our deep bankruptcy experience and thorough knowledge of airport finances and operations uniquely equips us to assist airports navigating the bankruptcy process, whether it involves ensuring an uninterrupted flow of Passenger Facility Charges (PFCs), negotiating work-outs with bankrupt airlines and others to permit continued operation of critical facilities such as terminals and fuel farms, obtaining payment for past or current airport use, or negotiating with the airline to help insure continued air service for the airport and its surrounding communities. We form consortia of affected airports in order to leverage economies of scale to lower the costs of responding to an air carrier or large tenant bankruptcy, and we also work with individual airports to address specific issues presented by a tenant’s bankruptcy filing.
Because of our comprehensive understanding of airport-based issues and bankruptcy, we can anticipate bankruptcy issues in advance and counsel our clients as to how to best plan for this eventuality. We have represented airports in bankruptcy court hearings involving use and lease agreement assumptions, multimillion-dollar rejection claims, and proceedings regarding the means and methods of payments of PFCs to airports.
Kaplan Kirsch & Rockwell attorneys have also represented a broad range of clients outside of the aviation sector. Our experience regarding bankruptcy proceedings also includes matters concerning railroads and infrastructure, as well as with environmental issues that come into play with troubled assets.