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Bankruptcy Litigation

Nutter attorneys are well equipped to represent clients in bankruptcy court in Chapter 11 bankruptcy reorganizations, Chapter 7 bankruptcy liquidations, and Chapter 13 bankruptcy proceedings. We know how and when to take the appropriate actions in order to deliver value and optimal results to a client, including:

For clients who are creditors: 

  • Obtaining relief from the automatic stay to conduct foreclosure-related proceedings; 
  • Supporting or opposing the adequacy of disclosure statements and the confirmation of plans of reorganization; 
  • Defending objections to the priority and the allowance of claims; 
  • Obtaining the appointment of Trustees and Examiners; 
  • Moving to dismiss or convert Chapter 11 cases; 
  • Contesting the valuations of assets and the reorganization of securities; 
  • Contesting whether assets are subject to the debtor’s bankruptcy filing; 
  • Providing post-petition financing to debtors-in-possession; 
  • Defending fraudulent conveyance and preference claims; 
  • Seeking the estimation and allowance of contingent claims for reimbursement; 
  • Purchasing, selling or otherwise transferring claims; 
  • Asserting claims for reclamation; 
  • Contesting the assumption or rejection of executory contracts and leases; 
  • Enforcing rights under executory contracts and leases; and 
  • Considering offers of status as “critical vendors” or “essential trade creditors.”

For clients who are debtors: 

  • Objecting to, and negotiating, claims of landlords, creditors and investors; 
  • Obtaining confirmation of plans of reorganization; 
  • Liquidating and selling assets; 
  • Obtaining debtor-in-possession financing; 
  • Implementing assignments for the benefit of creditors; 
  • Negotiating compositions with creditors and other out-of-court arrangements with creditors; 
  • Assuming or rejecting executory contracts and leases; and 
  • Litigating avoidance actions, such as fraudulent transfers and preferences.

For other parties: 

  • Bankruptcy trustees investigating fraud claims and pursuing preference claims; 
  • Businesses and individuals purchasing real estate, equipment, inventory, intellectual property and other assets from court-appointed receivers or bankruptcy estates; 
  • Landlords exercising rights with respect to security deposits and rents; 
  • Indenture trustees representing holders of indentured securities; 
  • Independent fiduciaries seeking to protect employee-benefit plans; and 
  • Insurance commissioners in the bankruptcy of insurance holding companies.

For further information, please see our Workout, Restructuring and Bankruptcy group.