Our practice is focused on protecting the rights and interests of creditors. Our experience includes commercial collections, claims allowance, claims estimation proceedings, defense of preference and fraudulent transfer actions, assertion of reclamation and 503(b)(9) claims, Chapter 7 liquidations, and the full range of issues associated with the structure and approval of Chapter 11 reorganization and Chapter 13 "wage earner" plans.
Representative Experience
Represented the California Department of Water Resources in its efforts to recover overcharges resulting from the 2000-2001 western energy crisis, including in bankruptcy settlements with Chapter 11 debtors Mirant Corporation (N.D. Tex.), Enron Corporation (S.D.N.Y.) and NEGT (D. Md.), resulting in allowed secured and unsecured claims totaling in excess of $2.4 billion.Bankruptcy District of Maryland, Northern District of Texas and Southern District of New York
Delphi Corporation and Lear Corporation (Bankr. S.D.N.Y.). Lead counsel for a multi-national Tier 2 auto parts supplier in making contested reclamation, section 503(b)(9), unsecured and administrative claims against Chapter 11 Tier 1 auto parts suppliers Delphi Corporation and Lear Corporation, successfully negotiating a consensual resolution of all claims, including a trade agreement with Lear Corporation that resulted in payment in full of all pre and post-petition claims of client.
In re Quebecor World (USA), Inc. (S.D.N.Y.), successfully represented a defendant alleged to have received in excess of $7 million in preferential payments by the Litigation Trustee. Currently representing another defendant in the same case alleged to have received in excess of $10 million in preferential payments.
Strada Funding, LLC (ME and NH). Successfully represented a private lender seeking to recover in excess of $2.7 million from eight guarantors of loans made to former Chapter 11 debtor, Strada 315, LLC, the developer of a $35 million mixed-use condominium project located in Ft. Lauderdale, Florida.