Bankruptcy in Mass Tort Litigation

Overview

When a defendant in mass tort litigation files for bankruptcy, panic can ensue for those who are not prepared. The bankruptcy of one defendant may initiate an automatic stay of litigation and may require new filings and a new strategy. It will also bring a new court system - federal bankruptcy court - into the picture.

In recent years, bankruptcy has increasingly been used as an alternative to aid traditional multidistrict litigation and handle multiple claims in a mass tort situation. Although bankruptcy was designed to give a lifeline to individuals and companies in financial distress, in recent years, bankruptcy has become a tool used by defendants in mass tort litigation to avoid or limit their liabilities or expedite the litigation and settlement process through the restructuring process.

Even the best litigation attorneys should consult with experienced attorneys and professionals with knowledge of the bankruptcy laws and the bankruptcy courts. So when a defendant in a mass tort case files for bankruptcy, it is important to have the right bankruptcy lawyers on your team.

Skilled restructuring and insolvency lawyers not only assist with representation in federal bankruptcy court but will also advise litigants and their lawyers on strategic planning in the mass tort litigation. At Morris James, our skilled bankruptcy and restructuring team assists mass tort litigants across the U.S.

Not only do we draw on the experience of our lawyers in the Morris James bankruptcy practice, we are uniquely situated, and distinguished from our peers, because of our experienced personal injury and litigation practitioners who provide collaborative and innovative advice to mass tort litigants and their counsel. We combine our understanding of the practical and legal considerations of injured parties and survivors with our skills as bankruptcy counsel to businesses and individuals in multiple states, often with a focus on Delaware law.

If you are involved in a mass tort lawsuit in which a defendant is threatening or has filed for bankruptcy, contact a Morris James bankruptcy attorney today.

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Experience

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.