Bankruptcy Litigation

Our bankruptcy litigation practice focuses on complex commercial bankruptcies. These cases involve creditors, debtors, committees, and trustees contesting the operations of the debtor and the legitimacy of claims. Our attorneys have participated in many of the nation’s largest Chapter 11 proceedings and represent clients in every stage of Chapter 11 and business Chapter 7 cases—from “first day hearings” to plan confirmation and appeal.

After a Chapter 11 plan is confirmed, a bankruptcy case frequently leads to ongoing litigation. When litigation becomes intertwined with bankruptcy, clients require courtroom lawyers who are both capable of handling witnesses effectively, and knowledgeable in the unique rules of bankruptcy law. McKool Smith brings its courtroom prowess to bear in complex bankruptcy disputes by offering the guidance of litigators who have decades of trial experience and a proven track record in bankruptcy court. Our accomplishments in bankruptcy litigation have earned the firm Finance Monthly’s “Insolvency and Restructuring Firm of the Year” award in both 2011 and 2012. McKool Smith was also nominated as a 2012 “Bankruptcy Firm of the Year” by Benchmark Litigation.

We represent a diverse range of clients from Chapter 11 and 7 trustees, to Fortune 500 companies from the energy, technology, engineering, construction, and financial sectors. While our clients are diverse, they have one thing in common—each demands uncompromising excellence in representation. Our litigation frequently involves:

• Lien Avoidance and Priority Disputes
• Examinations of Debtors under Rule 2004
• Claim Objections
• Cash Collateral disputes
• Asset Sale disputes
• Claim and Lien Subordination
• Plan Confirmation and Disclosure Statement Approval
• Examiner and Trustee Appointment or Election
• Chapter 5 Avoidance Actions (including Preferences and Fraudulent Transfers)
• Bankruptcy Fraud Claims (including a multidisciplinary approach with our white collar defense practice)
• Breach of Fiduciary Duty claims
• Lender Liability 
• Post-Confirmation Officer and Director Litigation
• Successor Liability

McKool Smith also represents clients in out-of-court restructurings, where our courtroom experience is used to negotiate a positive outcome without the expense of a bankruptcy trial. Our attorneys were among the first called by Congress to provide insight on proposed changes to the Federal Bankruptcy Code on a number of occasions.