The bankruptcy litigation practice offers an ideal mixture of transactional strength and litigation reinforcement arising in the context of business reorganizations and bankruptcy cases. The practice involves the representation of debtors and debtors in possession, creditors and creditors' committees, and lenders and trustees in all types of commercial and bankruptcy related litigation. In addition to traditional litigation matters arising in Chapter 11 and Chapter 7 proceedings, including lift stay motions, litigation of debtor-in-possession loans and collateral rights, and disputes relating to sales and confirmation of plans of reorganization, bankruptcy litigation attorneys routinely investigate and prosecute director and officer liability actions, auditor, accountant and other professional liability claims, preference avoidance actions, fraudulent transfer lawsuits (including those arising out of leverage buyout transactions), claims resolutions, and lender liability suits. Such litigation also regularly involves the defense of clients who have been sued for preferential or fraudulent transfers and representing landlords, lessors and licensors with respect to the assumption or rejection of commercial real property leases, personal property and equipment leases, and intellectual property license agreements, respectively.
In addition to traditional litigation services, bankruptcy litigation practices also provide advice in structuring strategic relationships and trust agreements in advance of litigation to maximize recoveries. Given the nature of certain litigation, in order to better meet the needs of clients, bankruptcy litigation practitioners often offer flexible fee arrangements, including contingency fee arrangements.
Paul M. Nussbaum