Bankruptcy Litigation

We represent parties involved in complex corporate debt and equity restructurings, as well as proceedings to locate and recover assets. Our lawyers have been involved in all types of bankruptcy litigation, from relatively simple Chapter 7 business liquidation cases to large Chapter 11 reorganization proceedings.

As part of the bankruptcy process, our attorneys routinely handle both prosecution and defense of preference, avoidance and fraudulent transfer actions as well as trustee claims against directors and officers on behalf of both debtors and creditors.

Our representation of distressed companies in Chapter 11 proceedings include:

• Negotiations with secured and unsecured creditors
• Plans of reorganization
• Disclosure statements
• Providing tax counsel to minimize tax liabilities and negotiate the use of tax assets, such as net operating losses
• Restructuring debt of highly leveraged companies

Our representative experience in bankruptcy litigation includes:

• Litigation concerning the validity, priority and enforcement of mortgages, security interests and liens in oil and gas, construction/real estate, trucking, agricultural, food industry, healthcare and other bankruptcies
• Litigation concerning appointment of trustees and examiners and conversion of bankruptcies from one chapter to another
• Served as debtor’s counsel in numerous cases involving contested plan confirmation hearings
• Served as creditors’ committee counsel in contesting claims of large secured creditors
• Served as trust counsel in litigation regarding the extent of the estate’s interest in a partnership and the right to liquidate the partnership
• Litigation of cash collateral motions, both as debtor’s counsel and counsel to secured creditors
• Represented creditors seeking to transfer bankruptcy cases to other districts
• Served as counsel to post-confirmation liquidating trust