Bankruptcy and Restructuring

Bankruptcy Experience

Protecting creditor interests: We represent a diverse range of creditors including banks, transportation companies, manufacturers, developers, landlords, retailers, and other parties seeking to collect debt or protect collateral when debtors file for bankruptcy protection. Our experience includes filing and perfecting proofs of claim, objection to dischargeability of debts, and challenging preferential transfers and fraudulent conveyances.

Bankruptcy: Our experience spans cases under Chapters 7, 11, and 13 of the Bankruptcy Code and includes representing debtors, creditors, and assignees of assets.

Business reorganization: We negotiate cash collateral agreements and adequate protection arrangements, and plan treatment to ensure our clients receive fair consideration in reorganization proceedings.

Post confirmation and collection matters: Our representation extends beyond plan confirmation to include post confirmation matters such as enforcing creditor rights under confirmed plans.

Adversary proceedings and litigation: We represent creditors and other defendants in adversary proceedings arising within the larger context of a bankruptcy case. Our experience includes defending creditors and other individuals and entities who are sued by debtors or trustees in various types of adversary proceedings.

Bankruptcy professional litigation: Defending accountants, business consultants, attorneys, and other professionals in adversary proceedings brought by trustees, receivers, debtors, and others.

Why Choose LCBF

Our bankruptcy litigation attorneys bring their extensive trial experience, business acumen, and knowledge of bankruptcy law to the handling of complex disputes. LCBF attorneys provide a practical and innovative approach when handling the complex issues of bankruptcy and creditors’ rights matters. Our bankruptcy practice takes a multi-disciplinary approach, drawing from our substantial experience in commercial, insurance, professional liability and transactional matters.

The firm represented Freddie Mac in the Lehman Brothers bankruptcy, one of the largest and most complex in history, in pursuing several claims on behalf of one of Lehman’s largest creditors and, with the conservator’s counsel, negotiating a favorable settlement. Ultimately, the United States Bankruptcy Court for the Southern District of New York approved a settlement consisting of an immediate cash payment of $767 million to resolve Freddie Mac’s claims, which involved complex derivative transactions, short term loan transactions, and mortgage seller/servicer related obligations.

As a further example, in the Capmark bankruptcy in Delaware, we successfully represented Freddie Mac with regard to the transfer of its mortgage servicing rights as part of the sale of the debtor’s mortgage servicing business.

As national counsel for a major transportation company, the firm represents it as a creditor in bankruptcy proceedings. Such work involves perfecting proof of claims and representing it in negotiations with a wide variety of debtors, including commercial tenants.

As Special Labor Counsel for a major airline that filed bankruptcy in the Southern District of New York, LCBF attorneys conducted a 14-week evidentiary hearing involving Railway Labor Act and First Amendment issues and successfully obtained several preliminary injunctions against the airline unions allowing the airline to continue to operate with minimal interference.

We also have defended clients in adversary proceedings and against preference claims and represented clients in declaratory judgment actions in Bankruptcy courts.