Bankruptcy Litigation, Regulation and Policy

Bankruptcy Litigation, Regulation and Policy

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.

Areas of Focus

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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.

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