Bankruptcy- and insolvency-related disputes frequently are resolved outside of the courtroom. However, the terms of a settlement often reflect the attorneys’ command of the law, mastery of the facts and willingness to litigate in the absence of a resolution. Bryan Cave’s restructuring attorneys regularly prepare and try cases in the compressed time frames that are common in bankruptcy courts. We have extensive experience litigating significant matters involving fraudulent transfers, preferential transfers, perfection and priority of security interests, recharacterization of debt, subordination of claims, lender liability and breach of fiduciary duties. Outside of bankruptcy court, we regularly handle receiverships, creditor enforcement actions and intercreditor litigation. We also frequently handle appeals in cases in which we served as trial counsel, as well as cases in which our clients request our assistance for the first time on appeal.
When a litigation engagement requires particular subject-matter knowledge, we work closely with our colleagues in other practice areas, including professionals in class actions, commercial litigation, environmental law, intellectual property, labor and employment, products liability, securities litigation and white-collar defense.
- Represent Countrywide Home Loans, Inc. in dozens of adversary proceedings in bankruptcy courts throughout California brought by Chapter 7 or Chapter 13 debtors seeking to strip liens or rescind loans based on claims of predatory lending;
- Represented floor-plan lender JCB Inc. in the prosecution of multimillion-dollar conversion and trespass claims against a financial institution, including successful defense of the judgment on appeal to the U.S. Court of Appeals for the Eighth Circuit;
- Represented the plan administrator in the Chapter 11 case of Bridge Information Systems, Inc. in the recovery of $2.1 million in preferential transfers from a creditor, including successful defense of the judgment on appeal to the U.S. Court of Appeals for the Eighth Circuit;
- Represented secured creditor General Electric Capital Corporation in a lien-priority dispute with a borrower’s former employees claiming liens for unpaid wages and benefits, including successful defense of the judgment on appeal to the U.S. Court of Appeals for the Fourth Circuit;
- Represented floor-plan lender National Bank of Kansas City in a lien-priority dispute with a consignor, including successful defense of the judgment on appeal to the Missouri Court of Appeals;
- Represented retailer Dillard’s, Inc. in an adversary proceeding brought by a Chapter 7 trustee seeking to recover funds recouped by Dillard’s, including successful defense of the judgment on appeal to the U.S. Court of Appeals for the Ninth Circuit;
- Defended English law firm Richards Butler in fraudulent-transfer litigation asserted by AlphaStar Insurance Group Ltd. in its Chapter 11 case in New York;
- Defended officers and directors against claims for breach of fiduciary duty brought by ProAlert, L.L.C., a home-security company, in its Chapter 11 case in Phoenix;
- Represented Citigroup Credit Services, Inc. in the defense of preference, fraudulent-transfer, stay-violation and discharge-injunction-violation claims in bankruptcy courts throughout the United States.