Insolvency Related Litigation
Bankruptcy litigation is often fast-moving, and significant cases can proceed from filing through trial in a matter of weeks or months. The pace of these cases, and the complexity of the legal issues, demands trial lawyers who have a sophisticated understanding of bankruptcy law (both procedural and substantive) and can quickly get up to speed in order to effectively try a case.
Our experienced bankruptcy litigators represent debtors, creditors, and other parties, including financial institutions and fiduciaries. The firm's bankruptcy litigators have represented clients in, among other things:
- avoidance actions (including preference and fraudulent conveyance claims);
- claims against the officers and directors of the debtors (including breach of fiduciary duty claims);
- litigation relating to section 363 asset sales;
- claims under the Worker Adjustment and Retraining Notification Act (WARN);
- lender liability issues;
- successor and alter ego liability;
- recharacterization and equitable subordination claims;
- cash collateral and debtor-in-possession financing litigation;
- litigation regarding the confirmation of plans of reorganization;
- lien challenges and claims for fraud;
- aiding and abetting misconduct; and
- deepening insolvency, equitable subordination, and various inter-creditor disputes brought before state, district, and bankruptcy courts.
We have also handled environmental, intellectual property, and antitrust litigation in bankruptcy court proceedings. Several of our litigators have particular experience in emergency litigation.
In addition, clients often turn to us for counsel in bankruptcy appellate matters, particularly where considerable sums of money or novel or important legal issues are at stake. Our firm has had a reputation since its founding with a highly respected appellate practice, and the bankruptcy group continues that tradition. Our group includes highly regarded appellate and Supreme Court advocates.
Representation of the Police and Fire Retirement System of the City of Detroit and the General Retirement System of the City of Detroit in appeals related to Detroit’s Chapter 9 bankruptcy case.
Representation of client in connection with avoidance action litigation arising from the Bernard L. Madoff and Fairfield Sentry insolvency proceedings.
Representation of term lenders and syndicate agent in Paragon Offshore, Inc. Chapter 11 proceeding involving total term, revolver and noteholder claims of approximately $2.4 billion. During the course of two separate multi-day trials, on behalf of Cortland Capital and the term loan lenders that are owed in excess of $642 million, successfully defeated confirmation of the debtors’ plan of reorganization which sought to reinstate the term loan debt. As per its press reports, the Debtor is now attempting to pursue a consensual plan of reorganization process with all stakeholders.
Representation of an ad hoc group of more than 30 term lenders to Cumulus Media, Inc. under the $1.9 billion credit facility extended to the national radio station operator. The lender clients are led by Eaton Vance, Ares, Bain Capital, Highland Capital Management and Symphony Asset Management. Currently, representing the term lenders in litigation seeking to prevent an exchange transaction between Cumulus and unsecured noteholders.
Representation of defendant Portigon AG, New York Branch (formerly known as WestLB AG, New York Branch) with respect to claims asserted by bondholders in an action commenced in the Supreme Court of the State of New York. Portigon acted as syndication agent and lender under a $200 million secured credit facility, including $65 million in bonds allegedly held by the plaintiffs, OppenheimerFunds, Inc.