Mass Torts in Bankruptcy

Creditors. We represent creditors including indenture trustees, owner trustees, liquidating trustees, lenders (pre- and post-petition), insurance premium finance companies, mortgagees, equipment lessors, landlords, mechanics lien holders, and materialmen, insurance carriers, professionals, trade vendors, owners/licensors, and licensees of intellectual property, franchisors and franchisees, municipalities and other public entities, and other secured, unsecured, priority, and administrative creditors in a broad spectrum of issues that arise in bankruptcy proceedings.

Committees and Trustees. We represent official committees of unsecured creditors, official committees of equity holders, and chapter 11 and chapter 7 trustees. Such representations often entail an important investigative function, as the committee or trustee may undertake to investigate and pursue legal claims that the debtor and its professionals cannot, or decline to, pursue. We also represent ad hoc committees of creditors and equity holders.

Debtors and Liquidating Agents and Trusts. We have extensive experience counseling debtors through the bankruptcy process. These representations include pre-bankruptcy workouts and debt restructurings as well as through bankruptcy proceedings. In addition, we represent the interests of bankruptcy estates through the representation of post-confirmation liquidation agents and trusts.

Purchasers. If a client is interested in purchasing assets from a debtor through a 363 sale or through a chapter 11 plan, we are able to guide the client through the purchasing process, from developing bid procedures, drafting asset purchase agreements, and participating in auctions and sale hearings.

Fiduciary or Shareholder Representations. Often, former or present directors and officers of insolvent companies require advice to successfully navigate a bankruptcy case or assist them in appropriately exercising their fiduciary obligations.  Shareholders or equity holders can also require assistance when their investments are at risk. We counsel directors (including special committees), managers, officers, and shareholders of insolvent companies.

Bankruptcy Litigation. We handle all types of litigation in bankruptcy cases and adversary proceedings. Some of the litigation matters we handle involve avoidance actions, asset sales, lien enforcement or challenges, discovery, depositions, plan confirmations, and appeals. Over the years, we have represented thousands of defendants and have been instrumental in developing aggressive defenses to avoidance actions in order to accomplish our clients’ goals.