Bankruptcy Litigation

Our attorneys litigate in bankruptcy courts throughout the country. We are well-equipped to handle the full array of contested matters and adversary proceedings that arise in bankruptcy cases, state and federal court receiverships and in the creditor-debtor relationship.

Our attorneys litigate contested proceedings and adversary proceedings in bankruptcy courts across the country and we have an excellent record of success in these matters. When appropriate, we leverage the expertise of members of the firm’s litigation department to enhance our trial-ready approach which often results in favorable settlements for our clients. We conduct independent investigations to review for potential claims against a sponsor or lender. We advise our clients on any issues relating to disclosure statements and plans of reorganization.

We have represented litigation matters for claims including:

• Fraudulent conveyances.
• Preferential transfers.
• Unauthorized post-petition transfers.
• Reclamation.
• Turnover of property.
• Marshaling of assets.
• Equitable subordination.
• Breach of covenant of good faith and fair dealing.
• Lender liability.

Select Representative Matters

• Successfully defended a large regional bank in a lender liability action with damages claimed in excess of $10 million, resulting in summary judgment and dismissal of the claim.
• Counsel to the creditor in litigation over security interests in and abandonment of spare engine and parts of the operator of a high-speed passenger and vehicle ferry service in the Hawaiian islands, Hawaii Superferry.
• Represent the post-confirmation litigation trust of Novum Pharma LLC, a global specialty pharmaceutical company that owns a portfolio of topical dermatology products in its Chapter 11 bankruptcy proceeding pending in Wilmington, Delaware. Novum’s dermatology products are marketed under the names Alcortin®, Alcortin A®, Quinja® (formerly Aloquin®) and Novacort®.
• Special litigation counsel to the plan administrator in the Chapter 11 case of a medical equipment supplier, Maxxim Medical, Inc.
• Litigation counsel to the unsecured creditors’ committee of the world’s leading supplier of ladders and climbing equipment.
• Counsel to an investment company in the successful litigation of complex fraud claims that arose in a cross-border insolvency proceeding.
• Counsel to investors in a public company in an involuntary Chapter 7 bankruptcy filing and post-petition directors and officers litigation that resulted in a substantial settlement.
• Co-counsel to Ad Hoc Group of lenders to offshore oil and gas production company resulting in successful defense of lenders’ conduct and confirmation of the lender-supported plan of reorganization.