Restructuring & Insolvency Litigation

Our Restructuring & Insolvency Litigation Practice is among the most experienced in the US and has played a key role in some of the largest and most complex restructurings in history, including Enron, Chrysler, Phoenix Coyotes and AMERCO/U-Haul. We represent debtors, creditors and other significant restructuring participants – across all industries – in all types of restructuring and insolvency related litigation, such as contested plan confirmation hearings, adversary proceedings, fiduciary duty/director and officer (D&O) cases, and fraudulent transfer and avoidance litigation.

We regularly engage in trial and appellate work in jurisdictions throughout the US, and we win. Our aggressive, but efficient litigation practice involves representing our clients in all matter of adversary proceedings and contested matters, including all manner of issues, from real estate to complex contract disputes, environmental issues, tax, securities and antitrust issues. We also manage parallel governmental and regulatory investigations.

The hallmark of our bankruptcy litigation experience is our ability to formulate and execute on creative, but pragmatic, litigation strategies that further our clients’ specific objectives.

Why Choose Us

  • Track record – having achieved successful litigation results in highly visible restructuring matters in the US, including Enron, AMERCO/U-Haul, Baptist Foundation of Arizona, AmTrust Financial and Refco.
  • Extensive bankruptcy trial successes involving private litigants and governmental and regulatory organizations. Our bankruptcy litigators are particularly skilled at effective and efficient case development, trial preparation and trial, giving our clients a significant strategic advantage in fast-paced and evolving large restructurings.
  • Unique Chapter 15 and cross-border insolvency experience.
  • Successful litigation across all industries, including agriculture, aviation, energy, entertainment and hospitality, financial services, homebuilding, manufacturing, mining, real estate, sports, transportation and nonprofits.
  • Creative use of commercial litigation strategies in bankruptcy litigation, such as reverse class action techniques and antitrust claims in order to recover or maximize assets.
  • International presence, allowing us to swiftly address clients’ global restructuring and insolvency issues while managing US-based bankruptcy litigation.

Explore

We regularly represent debtors and creditors in areas including:

  • Breach of fiduciary duty or D&O liability
  • Cash collateral litigation
  • Contested confirmation hearings
  • Defaults on obligations
  • Preference and fraudulent transfer actions
  • Jurisdictional issues under Chapter 15
  • Valuation litigation
  • Adversary proceedings of all kinds
  • Appeals to the Bankruptcy Appellate Panel and Circuit Courts of Appeal

We also conduct independent internal investigations on behalf of creditor committees and special committees.

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