Bankruptcy Litigation

Overview

Our lawyers have appeared in bankruptcy courts throughout the nation on a variety of contested matters and have experience with bankruptcies and liquidations under Chapters 7 and 11 of the Bankruptcy Code as well as the Securities Investor Protection Act. We have handled confirmation hearings, adversary proceedings of various types, disclosure statement disputes, intercreditor disputes, valuation fights, Rule 2004 discovery, and various other bankruptcy litigation matters.

Representative Matters

In re Liquid Holdings Group Inc. (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 Bivona (S.D.N.Y.); In re DiSanluciano (D. N.J.): Facebook co-founder Eduardo Saverin’s Progresso Ventures as creditor in numerous bankruptcy actions and related adversary proceedings.
In re Enron (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 (S.D.N.Y.): Represented Equity Committee challenging plan confirmation, focused on issues of valuation.
In re Lehman Brothers Holdings Inc. (S.D.N.Y.): Represented major financial institutions in connection with the Lehman bankruptcies.
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 (D. Del): Represented debtor in an adversary proceeding in which trade creditor challenged debtor’s ability to reject certain contracts.
In re Blue Mountain (W.D. Pa.): Represented secured lender in a claim seeking to vitiate security interest.
In re Summerlin (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 (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 metals trading firm, where trade creditors sought to invalidate lender’s claim and impose lender liability.
In re CDC Corporation (N.D. Ga.): Represented largest shareholder in equitable subordination and plan confirmation dispute.