Background - Practices (Details)

Bankruptcy and Creditors Rights


Representative Matters

  • We serve as counsel to insurers in many of the nation's leading asbestos-related bankruptcies, including Federal-Mogul, Congoleum, Combustion Engineering, Quigley, Burns & Roe, Porter Hayden, and Skinner.
  • We served as lead trial and appellate counsel for several insurers in the landmark Combustion Engineering case (see In re Combustion Eng'g, Inc., 391 F.3d 190 (3d Cir. 2004)).
  • In 2003, we obtained a stay pending appeal of a confirmation order in a "pre-packaged" asbestos bankruptcy (see, In re JT Thorpe Co., Nos. 03-20112 and 03-20135 (5th Cir. 2003)).
  • We are currently counseling a consortium of leading American insurance companies concerning issues relating to bankruptcies arising out of mass tort claims, and recently counseled a major manufacturing company concerning the potential impact if its former parent, an asbestos defendant, filed bankruptcy.
  • We represented a major trade creditor and member of the official unsecured creditors committee in In re Big Rivers Elec. Corp., the Chapter 11 case of a Kentucky-based regional electric generation and transmission cooperative.
  • We served as lead counsel for the debtor's insurance carriers in In re U. S. Brass Corp., a Chapter 11 case involving thousands of products liability claims by persons allegedly damaged by failures of the debtor's polybutylene plumbing products.
  • We represented one of the largest creditors in the Chapter 11 case of a major Washington, DC-based law firm.
  • We currently represent insurers in the mass tort bankruptcy of a former manufacturer of allegedly defective home heating furnaces.
  • We defended a debtor nationwide bus company in massive litigation before the National Labor Relations Board and in the bankruptcy court.
  • As special counsel to a debtor coal company, we handled several adversary proceedings and other litigation matters in bankruptcy court in Colorado, arising out of claims asserted by a union and several union-sponsored employee benefit funds.
  • As special litigation counsel to a debtor limited partnership owning commercial real estate in California, we prosecuted an adversary proceeding in bankruptcy court in New York seeking to rescind the debtor's purchase of the property and recover millions of dollars in damages.
  • We counseled several companies concerning their potential involvement in the Chapter 11 case of Dow Corning Corp., the breast implant manufacturer, and counseled a Washington, DC-based national trade association concerning its rights relative to the bankruptcies of several members of the association.
  • One of our lawyers litigated one of the earliest cases involving the propriety of "class proofs of claim" (In re Baldwin-United Corp., 52 B.R. 146 (Bankr. S.D. Ohio 1985)) and was one of the debtor's trial counsel in one of the first cases concerning estimation of claims under the Bankruptcy Code (In re Baldwin-United Corp., 55 B.R. 885 (Bankr. S.D. Ohio 1985)).
  • We represented a group of charter aviation companies in initiating an involuntary bankruptcy against a charter brokerage, and successfully and expeditiously negotiated an advantageous resolution and payout within the framework of the bankruptcy proceedings.