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.