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Bankruptcy Litigation


Nutter attorneys have a proven track record and are well-positioned 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 and are dedicated to delivering optimal results to all clients.

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.

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