We routinely represent parties in state and federal courts in litigation arising in the insolvency context. This of course includes core bankruptcy proceedings, receiverships, foreclosure actions, debt enforcement and the like, but extends far beyond these areas. Within a core bankruptcy case, our litigation efforts can involve intense battles over whether a plan of reorganization may be confirmed, whether the automatic stay should be lifted to permit foreclosure, whether contracts may be cured, reinstated, assigned or terminated, or whether significant assets or the entire going concern should be sold. We also have extensive experience with major avoidance litigation (preference, fraud and fraudulent transfer), which is a perennial by-product of bankruptcy and other insolvency proceedings. Our range of clients includes, but is not isolated to, secured creditors and creditors’ committees, as we have also represented sophisticated corporate debtors, trustees, contract parties, licensors and the like.
We are often involved in other significant litigation growing out of the insolvency context, such as officers & directors and other fiduciary litigation or related insurance coverage disputes. We are at times involved in lender liability or inter-creditor disputes and litigation. With increasing frequency, we are called upon to resolve significant intellectual property disputes arising in the insolvency context. Insolvency cases sometimes produce litigation against the attorneys, accountants, and other professionals who have been involved, and we defend these professionals against these often complex and expansive claims. Because a bankruptcy filing by or against a litigant can often disrupt complex litigation or arbitration proceedings already underway, we have considerable experience in sorting out where and how such litigation should proceed and be resolved.