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
- 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.
Experience Highlights
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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.
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Large Financial Institution Defendants in avoidance action litigation arising from the Bernard L. Madoff and Fairfield Sentry insolvency proceedings.
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Cortland Capital and Term Lenders in Paragon Offshore Chapter 11 proceeding involving total term, revolver and noteholder claims of approximately $2.4 billion.
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Portigon AG, New York Branch (formerly known as WestLB AG, New York Branch) in defense of 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.
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Group of Lenders in defeating the efforts of another lender to impose, by court order, a restructuring of Arch Coal Inc.'s multibillion dollar debt over their objection.
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Health Care REIT Inc. in obtaining the expedited return of $137 million of it's funds trapped by the LandAmerica bankruptcy proceeding.
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Chapter 7 Trustee for Buttonwood Group Trading, which was engaged in the proprietary trading of various securities on the Chicago Mercantile Exchange before Buttonwood's collapse in 2012.
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Successor General Partner of Limited Partnership of ESG Capital Partners I and II, a limited partnership formed to purchase shares of Facebook stock prior to Facebook's IPO, in litigation pending before Delaware Chancery Court with respect to claims for breach of partnership agreement, conversion and unjust enrichment. Chancery Court has denied defendants' motions to dismiss.
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Republic of Panama as creditor in the Chapter 11 cases of Electric Machinery Enterprises, Nations Energy Corporation and Jaime Jurado, and in related litigation.
