Bankruptcy Litigation, Regulation and Policy TRANSACTIONAL

Sophisticated knowledge of the bankruptcy process, combined with top-notch appellate and trial experience and the perspective and insight required to address a wide range of bankruptcy litigation and regulation issues.


Bankruptcy litigation requires a combination of sophisticated knowledge of the bankruptcy process and experience in complex multi-party litigation disputes. Our top-notch appellate and trial experience, and our depth of involvement in bankruptcy matters, provide for the ideal team for legal representation in high-value bankruptcy and creditor rights litigation. Our lawyers also advise clients on all aspects of bankruptcy and insolvency regulation and policy, through focused litigation efforts, appellate advocacy as parties and as amicus curiae, and development and management of corporate policies and procedures.

Contacts

Sort By
Anker_Phil.jpg

Philip D. Anker

Co-Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Goldman, Andrew N.

Andrew N. Goldman

Co-Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8836 (t)

andrew.goldman@wilmerhale.com

Anker_Phil.jpg

Philip D. Anker

Partner

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Goldblatt, Craig

Craig Goldblatt

Partner

+1 202 663 6483 (t)

craig.goldblatt@wilmerhale.com

Goldman, Andrew N.

Andrew N. Goldman

Partner

+1 212 230 8836 (t)

andrew.goldman@wilmerhale.com

Ochs, Justin L.

Justin L. Ochs

Partner

+1 202 663 6303 (t)

justin.ochs@wilmerhale.com

Schnall, Matt

Matthew Schnall

Partner

+1 617 526 6892 (t)

matt.schnall@wilmerhale.com

Sigel, John

John D. Sigel

Partner

+1 617 526 6728 (t)

john.sigel@wilmerhale.com

Class, Jamie N.

Jamie N. Class

Special Counsel

+1 617 526 6871 (t)

jamie.class@wilmerhale.com

Manzer, Nancy L.

Nancy L. Manzer

Special Counsel

+1 202 663 6183 (t)

nancy.manzer@wilmerhale.com

Millar, Joel W.

Joel W. Millar

Special Counsel

+1 202 663 6167 (t)

joel.millar@wilmerhale.com

Experience

  • Defended a Fortune 20 company against a suit brought by a litigation trust on behalf of creditors of a former subsidiary in US District Court, related to the spinoff of the former subsidiary prior to its bankruptcy.
  • Tried and settled claims of the Getty Petroleum Marketing Inc. estate against multi-national defendant Lukoil, related to Lukoil’s spinoff of Getty, following the assignment of those claims to a liquidating trust through Getty’s confirmed Chapter 11 plan.
  • Represented a leading national mortgage servicer in connection with a number of disputes in bankruptcy courts across the country relating to the treatment of home mortgages in Chapter 13, and in connection with its residential mortgage business generally, helping the bank to navigate the evolving policy and regulatory regimes in that area.
  • Represented financial institutions in their defense of claims arising from the Lyondell and Tribune Company bankruptcies, related to the leveraged buyouts that preceded those bankruptcy filings, as well as other financial institutions in their defense of claims relating to the bankruptcies of Refco and the SPhinX Funds.
  • Represented Dominion Voting in fraudulent transfer actions by the trustee for the parent of Sequoia Voting and by Smartmatic Corporation, related to Dominion’s purchase of Sequoia assets.
  • Represented an array of derivatives counterparties in ongoing disputes arising out of the Lehman Brothers bankruptcy.
  • Represented a minority secured bondholder in litigation in the New York Supreme Court to enforce its claims against the issuer following an out-of-court debt-for-equity exchange to which the bondholder did not consent.
  • Represented noteholders in defense of equitable subordination claims commenced against them by the trustee for Pelikan Technologies in its Northern District of California Chapter 7 bankruptcy.
  • Represented a leading national mortgage servicer in connection with a number of disputes in bankruptcy courts across the country relating to the treatment of home mortgages in Chapter 13.
  • Represented corporate vendor defendants Bose, Disney and Staples in multi-million dollar preference suits brought by the liquidating trustee for Circuit City, among many other trade preference and fraudulent transfer actions.
  • In the cross-border arena, represented parties in interest in the Delaware Chapter 15 case of Elpida Semiconductor, which is also subject to bankruptcy proceedings in Japan, and the New York Chapter 15 case of Upper Deck International, which is subject to bankruptcy proceedings in The Netherlands. Continued to represent a number of foreign banks in connection with the claims pursued by the Fairfield Funds in their Chapter 15 cases in New York and liquidation proceedings in the British Virgin Islands.
  • Represented the Loan Syndication and Trading Association as amicus curiae in a US Supreme Court case regarding the right of a secured creditor to credit bid its claim in bankruptcy, and regarding lender rights in proposed amendments by the American Bankruptcy Institute to the US Bankruptcy Code.
  • Represented the Securities Industry and Financial Markets Association as amicus curiae in a Second Circuit appeal arising out of the Madoff bankruptcy that raised significant questions about the scope of the Bankruptcy Code’s safe-harbor provisions relating to securities contracts.
  • Represented a leading mortgage servicer in connection with its residential mortgage business, helping the bank to navigate the evolving policy and regulatory regimes in that area.

Areas of Focus

  • Bankruptcy Litigation: WilmerHale’s top-notch appellate and trial attorneys have an unmatched depth of involvement in bankruptcy matters, providing the ideal team for high-value bankruptcy and creditor rights litigation. Our attorneys have been at the forefront of major bankruptcy litigation matters, including a number of multi-billion dollar actions resulting from spinoffs and leveraged buyouts that were followed by later bankruptcy filings. We represent the insurance industry and its members in challenging asbestos-related bankruptcies in which billions of dollars in alleged liabilities are at stake. We represent financial institutions and industry associations in connection with bankruptcy-related lawsuits and the effects of bankruptcy on the operation of financial markets. We represent secured and unsecured lenders and lender groups, as well as landlords, trade creditors and bondholders, in the full range of litigation matters that start or end up in bankruptcy court, or which arise out of insolvency issues. We are often involved in US Supreme Court cases addressing bankruptcy-related issues, whether representing a party or as amicus curiae.
  • Bankruptcy & Government Regulation: WilmerHale’s firmwide capabilities in virtually every area of government regulation give us a unique perspective where regulation intersects with bankruptcy. We have substantial experience evaluating and mitigating insolvency risk in securities and commodities contexts, and in addressing issues arising from securities and commodities broker liquidations. We have represented clients in bank and bank holding company insolvency proceedings involving the FDIC and state regulators. We have also represented a leading mortgage servicer in connection with its residential mortgage business, helping the bank to navigate the evolving regulatory regimes in that area.
  • Bankruptcy & Insolvency Policy: WilmerHale takes a preeminent role on key issues of bankruptcy policy. Our attorneys have provided testimony before the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 regarding the protection of secured creditor rights in the bankruptcy process. We have represented the Loan Syndication and Trading Association as amicus curiae in a US Supreme Court case regarding the right of a secured creditor to credit bid its claim in bankruptcy, and we represented the Securities Industry and Financial Markets Association as amicus curiae in a Second Circuit appeal that raised significant questions about the scope of the Bankruptcy Code’s safe-harbor provisions relating to securities contracts. In addition to policymaking work, we assist clients in understanding and complying with bankruptcy policy decisions that affect their businesses.

Publications & News

View

August 7, 2017

Time Is Money: Historical Strip Prices and Valuation in Oil & Gas Bankruptcies

Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value as of a specific point in time. This client alert was also published in the November-December 2017 edition of Pratt's Journal of Bankruptcy Law.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

May 2, 2017

Coming to America?—Applying Bankruptcy Code Section 109(a) to Vet Foreign Companies Filing US Bankruptcy Cases Under Chapter 15

Chapter 15 of the US Bankruptcy Code provides a doorway for non-US companies to obtain creditor protection and other benefits of a US bankruptcy in support of insolvency proceedings for those companies in their “home” jurisdictions. But how wide open is that doorway? Recent decisions interpreting section 109(a) of the US Bankruptcy Code in the chapter 15 context provide answers—but not necessarily consistent ones—to this question.

March 31, 2017

Supreme Court Rules in Favor of WilmerHale Client in Closely Watched Bankruptcy Law Case

WilmerHale earned a significant victory when the US Supreme Court ruled in favor of the petitioner and WilmerHale client—a group of truck drivers formerly employed by Jevic Transportation Inc.—in Czyzewski v. Jevic, finding that so-called “structured dismissals” to end Chapter 11 cases cannot be used in a way that violates the Bankruptcy Code's priority scheme.

November 28, 2016

Craig Goldblatt Elected as National Bankruptcy Conference Conferee

The NBC is a nonprofit, non-partisan, self-supporting organization of approximately 60 lawyers, law professors and bankruptcy judges whose primary purpose is to advise Congress on the operation of bankruptcy and related laws and any proposed changes to those laws.

November 23, 2016

WilmerHale Team Wins Precedent-Setting Third Circuit Bankruptcy Case

In a unanimous decision, a panel of the US Court of Appeals for the Third Circuit held that holders of first-lien notes represented by the firm were entitled to a make-whole payment that could amount to approximately $431 million, together with interest.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

May 9, 2016

Cross-Border, Cross-Debtor, Multi-Debtor Issues in Proceedings

In this article published in the American Bankruptcy Institute Journal, Vol. XXXV, No. 5, George Shuster and Benjamin Loveland explore cross-border cases, which can present complex problems between the debtor and its creditors, and the complexities in the relationships among international debtors from the same corporate family.

December 7, 2015

Will Chapter 15 be the ""Exclusive Destination" for Foreign Debtors?

In this article published in the American Bankruptcy Institute Journal, Vol. XXXIV, No. 12, George Shuster and Benjamin Loveland explore the US Bankruptcy Court for the District of Delaware's recent decision in Northshore Mainland Services Inc., et al.—regarding the Baha Mar resort in The Bahamas—which appears to take an additional step toward a regime in which, for at least some foreign debtors, chapter 15 cases may be not just an option, but the exclusive type of US bankruptcy protection available.

November 3, 2015

The Trouble with Unneeded Bankruptcy Reform: The LSTA's Response to the ABI Chapter 11 Commission Report

The Loan Syndications and Trading Association (LSTA) released a report outlining the flaws and potential harmful effects of recommendations made by the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11. The WilmerHale team that drafted LSTA's response was led by Partners Craig Goldblatt and Danielle Spinelli and included Special Counsel Joel Millar, Associate Jonathan Seymour and former attorneys  Danielle D'Onfro and Allison Hester-Haddad.