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Bankruptcy Litigation

Overview

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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News & Insights

eDiscovery

eDiscovery

Nutter’s eDiscovery team is comprised of knowledgeable and seasoned litigation attorneys working in concert with our litigation technology professionals. Nutter is focused on providing creative, agile, and cost effective eDiscovery solutions to our clients starting from preservation at the initial anticipation of litigation through production, retention, and, ultimately, destruction.

Our Team
Our multidisciplinary team understands the ever-expanding universe of data and the technical, legal, and financial challenges it presents. Nutter has a deep bench of litigation attorneys with extensive experience handling complex eDiscovery matters. Nutter’s litigators draw on the substantial technical expertise from the firm’s technology professionals, including multiple Certified E-Discovery Specialists (CEDS) with the Association of Certified E-Discovery Specialists (ACEDS).

What We Do
Our experienced litigation technology professionals can handle Electronically Stored Information (“ESI”) internally from collection to production through our advanced technology platforms, or work with our vendors and our clients to craft a tailored approached to ESI management. We have extensive experience in managing all aspects of the eDiscovery process, including identification, preservation, collection, review and analysis, and production. Our data hosting infrastructure provides secure access to clients and external parties at a cost significantly below vendor market rates.

The Nutter team, led by Seth Berman, leverages its experience with a wide array of workflows and advanced technology, including technology-assisted review, to maximize efficiency in the document review process with strategies that are defensible in court. We design meticulous quality control procedures when managing a team of expertly trained contract lawyers and advanced forensic data analysis firms, to ensure an effective and efficient process.

Nutter approaches each new eDiscovery challenge with practical and defensible processes to ensure a streamlined and cost-effective outcome.

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