Bankruptcy Litigation

Seyfarth Shaw’s bankruptcy litigation attorneys represent trustees, creditors’ committees, unsecured creditors and others with responsibility to implement reorganization or liquidation plans. We also represent debtors and distressed companies seeking to establish and carry out plans that will maximize the opportunity to successfully resolve financial and operational concerns.

Our experienced attorneys provide counsel in the full range of bankruptcy-related litigation, including adequate protection hearings, list stay hearings, and confirmation hearings. We file and prosecute claims against insiders, affiliates and former owners of debtors and preference, fraudulent transfer, breach of duty and subordination actions. Our bankruptcy litigators blend industry experience and in-depth legal knowledge in order to aggressively pursue our clients’ interest, in court and in direct negotiations with opposing counsel.

Committees & Unsecured Creditors

We represent official committees of unsecured creditors, equity holders and retirees in a range of matters, including negotiating and drafting Chapter 11 plans, pursuing claims against insiders and debtors’ affiliates, and sales of debtor assets.

Debtor/Trustee

Our attorneys have significant experience representing debtors, trustees and Chapter 7 and Chapter 11 Indenture Trustees in a wide range of matters.

We have particular knowledge of how debtor/creditor issues affect day-to-day operations and long-term viability, and provide guidance that helps address all of our clients’ objectives. Working closely with senior management, skilled professionals and other decision makers, our attorneys conduct thorough needs assessments in which we analyze the key issues at hand, and offer alternative solutions on how to best structure or restructure commercial and financial transactions.

Landlord/Tenant

Seyfarth Shaw helps clients identify and address issues regarding real estate assets that are involved in, or subject to, bankruptcy, workout and restructuring proceedings. At every stage in the process, we provide advice with regard to asset sales, purchases and lease terms and conditions — including restrictive covenants and land-use rights — that strengthen our clients’ positions, immediately and in the future.

On behalf of clients on both sides of the negotiation table, our attorneys work to compel immediate payment of post-petition rent, obtain operational protections, negotiate sale guidelines, obtain stay relief, and securitize lease obligations. We also counsel potential purchasers of real property interests through a bankruptcy sale.

Secured Creditors 

Our attorneys represent lenders and other secured creditors involved in workouts, restructurings, insolvencies and bankruptcies. These include out-of-court and court-supervised matters and issues, such as receivership proceedings, negotiation and litigation of cash collateral, valuation and plan conformation issues, sales under Article 9 of the Uniform Commercial Code, and adequate protection.

On behalf of banks, mutual funds, insurance companies and other investors, we also provide guidance with regard to claims objections and resolution, contract rights, assumption/assignment issues related to redevelopment agreements, the investigation and prosecution of fraud claims, relief under Bankruptcy Code rules with respect to foreign property, involuntary bankruptcy petitions, environmental liability, and intellectual property and copyright issues.