Bankruptcy Litigation
When necessary to achieve the client's objectives, we are uniquely experienced in all facets of chapter 11 and related insolvency litigation. Coordinating with our Litigation Practice Group, our extensive experience includes litigation regarding use of cash collateral; relief from stay, alter-ego and "pierce the corporate veil;" enforcement of secured creditors' rights and interests in collateral; non-dischargeability claims; bankruptcy "avoidance actions;" and all manners of other insolvency litigation.
Experience
- Delaware co-counsel to certain affiliates of Sun Capital in the successful defense against and ultimate settlement of fiduciary and fraudulent transfer claims brought by the bankruptcy trustee for Indalex Holdings Finance, et al.*
- Bankruptcy and litigation counsel to a privately held energy company in connection with chapter 11 cases filed by certain subsidiaries of a large, multinational energy services company. Succeeded in obtaining dismissal of the bankruptcy cases as bad faith filings. See In re 15375 Memorial Corp., 589 F.3d 605 (3d Cir. 2009) (on briefs and arguing). Also, recovered more than $1.5 million of attorneys’ fees from other parties in the cases. See In re 15375 Memorial Corp., 430 B.R. 142 (Bankr. D. Del. 2010).*
- Delaware co-counsel to investor and former director of NS8, Inc., a provider of online fraud protection services, in its chapter 11 case and related litigation.
- Counsel to certain former directors and officers of Mariner Health Group, Inc., and Mariner Post-Acute Network, Inc., in connection such entities’ bankruptcy cases and related litigation.*
Key Contacts
Articles and Presentations
Summer 2008
Full Disclosure, Summer 2008