Business Bankruptcy Litigation | McDermott Lawyers

Bankruptcy Litigation


Bankruptcy, and the ensuing litigation in a bankruptcy proceeding, presents a substantial threat to your business, whether you are a debtor seeking relief under the Bankruptcy Code or a creditor owed substantial sums. To help you navigate the complex issues and conflicts that routinely arise in bankruptcy litigation, and to minimize the risks arising from such litigation—including lawsuits brought by bankruptcy trustees, creditors’ and equity committees, contested confirmation hearings, valuation and allocation disputes, and fraudulent conveyance and preferences actions—you need skilled legal advisors.

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  • Represented leading investment bank, as the holder of $1.851 billion par value exposure to bonds issued by the Commonwealth of Puerto Rico and its instrumentalities, in connection with out-of-court debt restructuring negotiations and a potential Chapter 9 bankruptcy filing by the Commonwealth.
  • Represented Quorum Health Corporation, the leading operator of rural, general acute care hospitals and outpatient services in the United States, in its pre-packaged Chapter 11 cases involving the restructuring of approximately $1.5 billion of funded debt. The successful restructuring took place during the COVID-19 pandemic and ultimately resulted in the successful deleveraging of Quorum’s balance sheet by approximately $500 million.
  • Serving as trial counsel in a case filed by bankruptcy trustee representing failed sub-prime lender alleging negligence. Obtained an award from an arbitration panel in Firm’s favor, dismissing claim following three-week hearing.
  • Representing junior noteholders of a CLO that owned various TruPS to defeat, after a multi-week trial, a senior noteholder’s effort to commence an involuntary bankruptcy proceeding.
  • Represented Debtor in Delaware Bankruptcy Court litigation relating to low-income tax housing credit funds that arose during the financial crisis.
  • Obtained summary judgment and complete dismissals of four separate airplane crash product liability collective actions on behalf of a major aviation and aerospace defense client based on the product line exception of successor liability.
  • Obtained summary judgment and damages of nearly $25 million for a client in a guaranty enforcement case where a bankrupt hockey and athletic club refused to pay back loans.
  • Representing a national servicer of student loans in a class action suit held in bankruptcy court, in which they are seeking to declare student loans of discharged debtors as discharged notwithstanding the provisions of Section 523(a)(8) of the Bankruptcy Code.
  • Representing one of the largest mezzanine lenders in the Extended Stay Hotels (ESH) bankruptcy, in addition to enforcing their rights in both the Bankruptcy court and the New York State Supreme Court under the intercreditor agreement and under the guarantee provided by ESH’s principal owner.
  • Representing a German bank in defending against a fraudulent conveyance action seeking recovery of more than $100 million of loan repayments in connection with accounts receivable financing that the bank provided to the Petters Company before Thomas Petters’ Ponzi scheme was discovered.


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