Manufacturing

Kentucky’s manufacturing sector remains a vital driver of the regional economy, yet it faces a constant evolution of challenges. From global competition and the volatility of raw material costs to supply chain logistics and the scarcity of skilled labor, manufacturers must be agile to remain profitable. When growth slows or capital structures become unsustainable, strategic legal intervention is essential to preserve the business as a going concern.

Gartland Thacker DelCotto PLLC has extensive experience navigating the complexities of industrial restructuring. We provide sophisticated counsel for both out-of-court workouts and Chapter 11 proceedings, focusing on stabilizing operations and protecting the value of the enterprise. We understand that in manufacturing, your reputation with customers and contract parties, along with the stability of your workforce are your most valuable assets.

Our team provides aggressive and practical representation on key manufacturing-specific issues, including:

• Value Maximization & 363 Sales – We utilize bankruptcy tools to facilitate the sale of assets or the entire business as a going concern, ensuring the highest value is captured for all stakeholders.
• Supply Chain & Reclamation Claims – We manage the legalities of raw material delivery, including reclamation claims for the return of goods and the protection of “Critical Vendor” status to keep the assembly line moving.
• Labor & Employment Strategies – We assist other professionals and client HR teams regarding employee relations issues, including the management or restructuring of any Collective Bargaining Agreements, review of WARN Act compliance and exceptions, and the retention of highly skilled technical staff.
• Equipment & Facility Leasing – We perform “True Lease” vs. “Finance Lease” analyses to optimize the balance sheet and handle the assumption or rejection of critical facility leases. This can quickly turn into added litigation matters within the court process. 
• Administrative & 503(b)(9) Claims – We protect the rights of manufacturers regarding goods delivered in the 20 days prior to a filing, ensuring priority payment status where applicable.

Gartland Thacker DelCotto’s experience in the manufacturing sector allows us to guide clients through high-stakes transitions and protect their interests in a complex, multi-party environment. To discuss your specific needs, call us today at 855-649-8289 or email our team to schedule a consultation.