Bankruptcy and Insolvency Litigation

Haynes and Boone’s bankruptcy and insolvency lawyers regularly appear in bankruptcy courts throughout the country to represent clients in myriad litigation matters that arise in a bankruptcy case.

Bankruptcy and insolvency matters present a fertile environment for litigation. This litigation can involve fast paced “contested matters” as well as more traditional “adversary proceedings.” From initial filing, discovery and trial of a matter, we have dealt with virtually every type of dispute that arises in a bankruptcy context. Our lawyers have deep experience in dealing with bankruptcy litigation matters including:

  • Involuntary Bankruptcy Proceedings, whether for a debtor, the petitioning creditors, or lender
  • Debtor in Possession Financing and Cash Collateral Matters, whether for a debtor, lender, creditors committee, or other competing secured creditor
  • Disputes on Asset Sales, for the debtor, committee, interested party, or successful bidder or stalking horse
  • Disputes over performance of Leases and Contracts, whether for the debtor, the counterparty, or other parties in interest
  • Motions for Relief from Stay, defending and prosecuting
  • Disputes over Abstention from a Case and remand
  • Litigation Regarding Appointment of an Examiner or Trustee
  • Disputes over a Debtor's to Extend Plan Exclusivity Time Periods
  • Litigation Concerning the Adequacy of a Disclosure Statement
  • Disputes on Plan Solicitation, Voting and Confirmation
  • Disputes on the Allowance of Claims
  • Contempt Proceedings
  • Objections to jurisdiction and venue
  • Turnover Actions for Recovery of Property
  • Avoidance of Liens, Security Interests and Interests in Property
  • Recovery of Preferential Transfers
  • Avoidance of Fraudulent Transfers, whether constructive or intentional
  • Subordination or Recharacterization of Claims or Interests
  • Objections to Discharge and Dischargeability
  • Actions to Set Aside Confirmation or Other Order of the Court
  • TRO and Injunction Matters
  • Receiverships
  • Fraud and Fiduciary Duty Claims
  • Officer and Director Claims
  • Insurance Coverage Disputes
  • Breach of Contract and Debt Collection
  • Derivative suits affecting a Debtor
  • Litigation Concerning Insurance Coverage for a Debtor, particularly in mass tort cases
  • Claim Estimation, particularly in mass tort cases
  • Objections to Exemptions
  • Litigation Regarding Retention and Payment of Counsel Under the Bankruptcy Code
  • Litigation Regarding the Substantive Consolidation of Bankruptcy Debtors with Affiliates
  • Proceedings to Review or Vacate Court Orders

Bankruptcy litigation matters present special challenges and a substantial body of unique substantive law and procedural rules that make litigation in a bankruptcy court different from regular civil litigation. Our bankruptcy team includes a contributing co-author of the 2007-2008 Bankruptcy Litigation Manual (Aspen Law & Business), an essential tool for civil litigators who are confronted with litigation in a bankruptcy context.

Value Conscious

Our lawyers have experience in litigation matters ranging from matters in which billions of dollars are in dispute as well as more modest disputes. We have a keen understanding for what clients want from their litigation counsel. We work closely with our clients and each other to focus the representation to what the client’s needs and goals are.

Representative Matters 

Our lawyers have regularly represented clients in cases of national interest. We most recently concluded defense of a large foreign client in multi week fraudulent transfer trial which defended claims for more than $10 billion from the client, which simultaneously representing the client in promoting an alternative plan of reorganization in the main bankruptcy case. Elsewhere, our group represented the administrative agent for a multi-billion dollar credit facility in significant litigation claims against the Bank Group and agent to deny efforts to obtain either affirmative recovery or disallowance or subordination of claims. We regularly conduct trial proceedings before the bankruptcy court, and our lawyers have been instrumental in a number of reported decisions from courts throughout the country.

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