Bankruptcy and Creditors' Rights Litigation

We regularly represent our clients in every aspect of a bankruptcy case, ranging from motion practice to complex adversary proceedings. While many matters can be resolved through negotiation, others require aggressive, sophisticated litigation.  

For example, we represent clients in the following:

• Contested claim allowance and estimation hearings;
• Serving on creditors’ committees;
• DIP Financing and cash collateral motion practice;
• Rule 2004 discovery;
• Plan negotiations;
• Contested confirmation battles;
• Section 363(f) “free and clear” sales of property, representing both buyers and affected counterparties; and
• Challenges to experts and appointments of professionals under the Bankruptcy Code; and
• Prosecution and defense of avoidance actions.

We routinely work on complex matters that require unique, creative solutions to problems not often seen in bankruptcy cases. We understand our clients, their industries and their goals, and we bring our experience in dealing with challenging, seldom-seen issues to achieve those goals. For example, in one ongoing high-profile matter, the USA Gymnastics bankruptcy case, we developed a creative strategy that involved having our client (an insurer, not a traditional lending institution) provide debtor-in-possession financing, customized to meet our client’s specific needs in the bankruptcy case, including limiting the debtor’s coverage litigation against our client.  The bankruptcy court not only approved the financing proposal, but acknowledged our client’s productive approach to the case. 

Our litigation experience extends far beyond bankruptcy courts. We regularly represent our clients in litigation in state and federal courts throughout the country, as well as in arbitration proceedings, to enforce their rights as creditors. For example, we represent our clients in receivership proceedings, including litigation of disputed settlements and obtaining injunctive protections for clients in conjunction with asset purchases. We also represent our clients in commercial foreclosure cases, including bringing claims to enforce the breach of “bad boy” clauses in non-recourse loans.  We also represent our clients in business tort matters, collection litigation, breach of contract claims, eviction proceedings, and pursuit of other statutory and tort-based recoveries.