Bankruptcy Litigation

We have represented clients in adversary proceedings, litigated claims relating to fraudulent conveyances and preferences, served as special counsel for debtors, litigation trusts, and trustees in pursuing actions against third parties, and conducted investigations relating to dischargeability and location of assets. We have represented:

• Delphi Corporation, a major U.S.-based global supplier to the automotive industry, in litigation in bankruptcy court against a group of investment banks and hedge funds alleging breach of a $2.55 billion equity financing commitment.

• The Chapter 11 trustee in In re Kingston Square, a consolidated proceeding involving multiple properties, in which we litigated and settled a series of claims asserted by and against the debtors' estates.

• The former chairman of a now-bankrupt company that manufactured asbestos-containing products, in defending fraudulent conveyance and breach of fiduciary duty claims arising out of pre-bankruptcy asset sales and spinoffs.

• A major telecommunications company in defending fraudulent conveyance and preference claims arising out of an agreement with a now-bankrupt satellite company to terminate a stock purchase agreement.

• The Creditors Committee in the Chapter 11 case of IT Group, an environmental consulting and engineering company, in which we are prosecuting claims challenging the validity and extent of the liens asserted by pre-petition lenders and seeking to avoid certain transfers to such lenders.

• A financial institution as owner of a manufacturing facility in a leveraged lease transaction that is being challenged by the debtor as a disguised secured loan.

• The court-appointed liquidators of a Cayman Islands investment fund in the initiation of a proceeding in the United States ancillary to a foreign bankruptcy proceeding and the negotiation of a settlement entailing division of assets with affiliated U.S.-based funds.

• A U.K. hedge fund in U.S. bankruptcy court litigation in connection with its investment in debt issued by a foreign telecommunications operator.