LITIGATION | Bankruptcy, Restructuring & Creditors' Rights

Bankruptcy Litigation with an Advantage

Offit Kurman’s Bankruptcy, Restructuring & Creditors’ Rights lawyers seek to achieve the best net results for our clients in bankruptcy proceedings, state court receiverships or insolvency proceedings, and out-of-court workouts. The various constituents are competing for their own recoveries, and the process is inherently contentious. Consequently, bankruptcy lawyers must be equipped with litigation skills and be prepared to handle matters effeciently. We believe that is what sets us apart from the rest, and why we are so effective in bankruptcy litigation matters.

In litigation matters stemming from insolvency, whether our client is asserting a claim or defending an action, we continually press for an advantage that will lead to the best net result, because whether we are seeking a recovery or defending against a claim, litigation puts stress on our client’s resources.

Comprehensive Litigation Representation

• Preference Actions: A client finally gets paid by a customer who then files bankruptcy. Now a bankruptcy debtor or trustee has sued to recover the payment as a preference.
• Fraudulent Conveyance Actions: A client closes a business transaction and a few years later, the other party files for bankruptcy protection, and a bankruptcy debtor or trustee has sued to unwind the transaction and/or recover money damages.
• Objections to Claims: A client has filed a proof of claim against a debtor that owed them money, and a bankruptcy trustee or debtor has filed an objection to the amount or priority of the claim.
• Plan Confirmation: In Chapter 11 reorganization or Chapter 13 wage earner cases, the debtor has filed a plan that seeks to impair a client’s claim.
• Cash Collateral and Debtor-in-Possession Financing: Lenders whose borrower has filed a Chapter 11 bankruptcy proceeding is faced with the use of cash collateral, and may be asked to continue to provide financing to the debtor.
• Automatic Stay Litigation: Creditors can be sued if they take any action against a debtor or property of the debtor in bankruptcy, unless they obtain relief from the automatic stay in the bankruptcy case. Violation of the automatic stay can lead to serious financial sanctions.
• Valuation Proceedings: A lender that has liens on collateral may end up in a dispute with the debtor or other constituent in the case regarding the extent of its secured claim, which is determined principally by the value of the collateral.
• Asset Sales and Going-out-of-Business Sales: There are lucrative acquisition opportunities when a debtor is selling its assets in bankruptcy. However, the procedures for selling assets in bankruptcy are unique to the bankruptcy process.
• Committee, Trustee and Receivership Representation: In Chapter 11 business cases, a Committee of unsecured creditors is often formed, and in some cases, a Trustee may be appointed to manage the company. Receivers are appointed in state court insolvency proceedings. We represent these constituent in bankruptcy and state court insolvency proceedings.

We also believe that we can help our clients assess and avoid, or at least minimize, the costs and risks that they would otherwise face when other companies with whom they do business may file for bankruptcy or cease operations.  Accordingly, in our representation of clients entering into business transactions, we ensure that our clients are advised of the risks associated with the possible insolvency of the other parties to the transaction. For more information about the ways we can add value to companies before insolvency creates risk,  please click here.