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We work closely with the firm’s Litigation Department to enforce and preserve our clients’ rights in bankruptcy and other federal and state courts, and in arbitrations and mediations. We appear as both plaintiffs and defendants and have prosecuted and defended a wide variety of claims: suing on notes and guaranties for our bank clients; defending preference and fraudulent conveyance actions and “lender liability” actions brought by debtors, trustees, and creditors’ committees; appearing in contested matters at first-day hearings, sale hearings, and disclosure and confirmation hearings in Bankruptcy Court; and prosecuting and defending bankruptcy appeals in the District Courts and Courts of Appeals.

            Among our bankruptcy and related litigation matters are:

  • Lenders to a Metals Refiner:  Counsel to eight secured lenders in the chapter 11 proceeding of Miami Metals I, Inc., in multi-party litigation with the debtor’s former refining customers over ownership of the debtor’s precious metals inventory.
  • Subprime Litigation:  A financial institution as defendant in a subprime “put back” litigation brought by monoline insurer CIFG.
  • Lender Liability Litigation:  A financial institution as defendant in a “lender liability” action in federal court against a group of bank lenders to a failed French toy company and an administrative agent as a defendant in a $5 billion “lender liability” action brought by the creditors’ committee of a telecom company.
  • Defense of Accountant Malpractice Actions:  An international accounting firm  in multiple litigations arising out of the collapse of Parmalat, resulting in the dismissal of all claims.
  • Defense of Auditor Liability Actions:  Amicus in the Refco chapter 11 case resulting in a leading NY Court of Appeals case upholding the application of the in pari delicto defense in auditor liability cases.
  • Contested Chapter 11 Proceedings:  Investors in and the manager of a large fuel distribution and gas station owner-manager in contested chapter 11 proceedings commenced by an investor-dealer, resulting in the confirmation of the trustee’s plan following a multi-day trial.
  • New Value Plans:  A financial institution in the Coltex chapter 11 case which resulted in an important Second Circuit decision on “new value plans” and the absolute priority rule.
  • Secured Lender to a Hemp Processor:  Litigation in both Kentucky state and bankruptcy court against a failed hemp processor, which resulted in the consensual sale of the hemp processor’s assets.
  • Real Estate Related Litigation:  A financial institution serving as owner-trustee in a breach of contract action brought by holders of residential mortgage-backed securities issued by 15 Delaware statutory trusts, resulting in complete dismissal of all claims in a decision that was affirmed by the Third Circuit.
Attorneys
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We work closely with the firm’s Litigation Department to enforce and preserve our clients’ rights in bankruptcy and other federal and state courts, and in arbitrations and mediations. We appear as both plaintiffs and defendants and have prosecuted and defended a wide variety of claims: suing on notes and guaranties for our bank clients; defending preference and fraudulent conveyance actions and “lender liability” actions brought by debtors, trustees, and creditors’ committees; appearing in contested matters at first-day hearings, sale hearings, and disclosure and confirmation hearings in Bankruptcy Court; and prosecuting and defending bankruptcy appeals in the District Courts and Courts of Appeals.

            Among our bankruptcy and related litigation matters are:

  • Lenders to a Metals Refiner:  Counsel to eight secured lenders in the chapter 11 proceeding of Miami Metals I, Inc., in multi-party litigation with the debtor’s former refining customers over ownership of the debtor’s precious metals inventory.
  • Subprime Litigation:  A financial institution as defendant in a subprime “put back” litigation brought by monoline insurer CIFG.
  • Lender Liability Litigation:  A financial institution as defendant in a “lender liability” action in federal court against a group of bank lenders to a failed French toy company and an administrative agent as a defendant in a $5 billion “lender liability” action brought by the creditors’ committee of a telecom company.
  • Defense of Accountant Malpractice Actions:  An international accounting firm  in multiple litigations arising out of the collapse of Parmalat, resulting in the dismissal of all claims.
  • Defense of Auditor Liability Actions:  Amicus in the Refco chapter 11 case resulting in a leading NY Court of Appeals case upholding the application of the in pari delicto defense in auditor liability cases.
  • Contested Chapter 11 Proceedings:  Investors in and the manager of a large fuel distribution and gas station owner-manager in contested chapter 11 proceedings commenced by an investor-dealer, resulting in the confirmation of the trustee’s plan following a multi-day trial.
  • New Value Plans:  A financial institution in the Coltex chapter 11 case which resulted in an important Second Circuit decision on “new value plans” and the absolute priority rule.
  • Secured Lender to a Hemp Processor:  Litigation in both Kentucky state and bankruptcy court against a failed hemp processor, which resulted in the consensual sale of the hemp processor’s assets.
  • Real Estate Related Litigation:  A financial institution serving as owner-trustee in a breach of contract action brought by holders of residential mortgage-backed securities issued by 15 Delaware statutory trusts, resulting in complete dismissal of all claims in a decision that was affirmed by the Third Circuit.

Attorneys

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