Bankruptcy & Restructuring Litigation

HSG is experienced in restructuring and restructuring-adjacent litigation in and out of the courtroom. Our trial and appellate litigators have appeared in bankruptcy courts nationwide on various contested matters. We are often brought into highly contentious litigation and adversary proceedings. We have experience with bankruptcies and liquidations under Chapters 7 and 11 of the Bankruptcy Code as well as the Securities Investor Protection Act, planning and executing successful litigation strategies, and have handled confirmation hearings, adversary proceedings of various types, disclosure statement disputes, intercreditor disputes, valuation fights, Rule 2004 discovery, and various other bankruptcy and restructuring litigation matters.

Representative Matters

• In re Serta Simmons Bedding, LLC, et al. (Bankr. S.D. Tex.): Representing numerous LCM entities in a dispute with Serta over its COVID-19-related refinancing, securing the reversal of the bankruptcy court’s judgment on the core contract issue.
• In re Liquid Holdings Group Inc. (Bankr. D. Del.): Representing numerous directors of Liquid Holdings Group in defending against breach of fiduciary duty claims in an adversary proceeding brought by Liquid’s bankruptcy trustee. The court rejected the Trustee’s “Caremark claims” and dismissed the directors from the lawsuit but allowed the action to proceed against the other defendants.
• In re Wesco Holdings Inc. (Bankr. S.D. Tex.): Representing creditor group as trial counsel in dispute arising from liability management transaction.
• In re LATAM Airlines Group S.A. (Bankr. S.D.N.Y.): Representing ad hoc group of LATAM bondholders.
• Travelport Finance (Luxembourg) S.a r.l., et al. v. Wilmington Savings Fund Society FSB, (N.Y. Comm. Div.): Representing Travelport, a next-generation travel booking platform, in a COVID-19-related liability management dispute with lenders under a $3 billion credit agreement.
• Argos Holdings Inv. v. Wilmington Trust, N.A. (S.D.N.Y.): Representing PetSmart in a dispute with its lenders concerning its compliance with its debt covenants in its $4.2 billion term loan.
• In re Bivona (S.D.N.Y.); In re DiSanluciano (D.N.J.): Represented Facebook co-founder Eduardo Saverin’s Progresso Ventures as creditor in numerous bankruptcy actions and related adversary proceedings.
• In re Lehman Brothers Holdings Inc. (Bank. S.D.N.Y.): Represented major financial institutions in connection with the Lehman bankruptcies.
• In re Enron (Bankr. S.D.N.Y.): Represented several banks, including Royal Bank of Canada, Bayerische Landesbank, and State Bank of India, fending off claims of participation in massive financial fraud by management, including defending adversary proceeding and Rule 2004 discovery.
• In re Northwest Airlines (Bankr. S.D.N.Y.): Represented Equity Committee challenging plan confirmation, focused on issues of valuation.
• In re A Voce Columbus, LLC (Bankr. D. Del): Represent petitioning creditors in commencing an involuntary bankruptcy petition concerning the celebrated restaurant, A Voce, in the Time Warner Center in Manhattan.
• In re Brothers Gourmet Coffee (Bankr. D. Del): Represented debtor in an adversary proceeding in which trade creditor challenged debtor’s ability to reject certain contracts.
• In re Blue Mountain (Bankr. W.D. Pa.): Represented secured lender in a claim seeking to vitiate security interest.
• In re Summerlin (Bankr. D. Nev.): Represented secured lender group in various aspects of casino bankruptcy, including participation in pursuit of avoidance actions to recover assets for the estate.
• In re International Wireless Communications (Bankr. D. Del.): Represented debtor in a contested plan confirmation hearing.
• In re Minpeco USA (S.D.N.Y.): Represented secured lender in an involuntary case filed against a metals trading firm, where trade creditors sought to invalidate the lender’s claim and impose lender liability.
• In re Pathe Communications Corp. (D.Del.) and Credit Lyonnais S.A. v. Pathe Communications Corp. (Del. Ch.): Represented lender in exercising right to exercise control over debtor’s major subsidiary.
• In re Sears Holdings Corporation (Bankr. S.D.N.Y.), In re Sears Authorized Hometown Stores, LLC (D. Del.): Representing directors and officers in adversary proceedings alleging breaches of fiduciary duties in connection with prepetition transactions.