Creditor Rights, Collections, & Bankruptcy Litigation

Bankruptcy litigation is fast-paced, often beginning prior to an actual bankruptcy filing, with major disputes being litigated the first day or weeks of the bankruptcy filing. Cases often involve complex financial transactions where the facts are unclear, and the case must be prepared in a matter of days or weeks, with accelerated and/or limited discovery. Bankruptcy litigators must have comprehensive knowledge of bankruptcy law and procedures, must be able to quickly learn about new businesses and industries, and must have the prowess to constantly evaluate legal disputes and options so as to take advantage of changing issues in order to to negotiate favorable resolutions of complex disputes.

We have extensive experience representing clients in bankruptcy litigation, including the enforcement of rights and collection and/or protection of assets in bankruptcies, restructurings, or in other situations involving a financially distressed company.

We have represented parties in bankruptcy litigation ranging in size from $500,000 to over $1 Billion. Our experience includes representing parties in preference actions, fraudulent transfers, and other Chapter 5 avoidance actions; claims for statutory or equitable subordination; breach of fiduciary duty; constructive trust; claims and objections; Rule 9019 compromise hearings; plan confirmation; and post confirmation liquidation actions.

Our practice in this area includes representation in:

  • Breach of Fiduciary Duty
  • Claims & Objections
  • Claims for Statutory or Equitable Subordination
  • Construction Trust
  • Fraudulent Transfer Actions
  • D&O Litigation
  • Litigation and Creditors Trusts
  • Plan Confirmation
  • Post-Confirmation Liquidation Actions
  • Preference Avoidance Actions
  • Relief from Automatic Stay
  • Rule 9019 Compromise Hearings
  • Collections