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Bankruptcy Litigation

Saul Ewing LLP's bankruptcy litigation experience encompasses both general and commercial matters including:

  • Preference and fraudulent transfer cases
  • Contested matters
  • Plan-related litigation
  • Creditor and debtor matters
  • Mortgagee and lessor concerns
  • Proofs of claim

Our integrated team provides comprehensive and coordinated counsel across a full range of debtor/creditor/trustee matters, from simple to complex, at the federal, state and local levels. We draw upon resident attorneys and resources from the firm's Bankruptcy and Restructuring, Litigation, Business and Finance practices, as well as from related practice groups when needed.

Bankruptcy litigation clients and industry background

Saul Ewing's representation of Chapter 11 and restructuring clients includes:

  • Board members
  • Creditors, secured and unsecured
  • Creditors' committees
  • Debtors, debtors in possession
  • Equity committees
  • Landlords and other lessors
  • Plaintiffs and defendants in debtors' litigation claims
  • Purchasers and sellers of distressed assets
  • Shareholders
  • Trustee

Industries in which we have handled litigation related to bankruptcies and restructurings include:

  • Biotechnology
  • Building materials
  • Franchising
  • Healthcare
  • Hospitality
  • Insurance
  • Manufacturing
  • Retail
  • Real estate
  • Technology
  • Telecommunications

Bankruptcy litigation leadership and practice approach

Saul Ewing attorneys are leaders in preeminent local and national bankruptcy organizations, and recognized as leading litigators by the Litigation Counsel of America, Benchmark Litigation, Chambers USA and The Best Lawyers in America.

Our attorneys serve as board members in the Turnaround Management Association (TMA), including as chairman of the Philadelphia Chapter of TMA and on the Board of Trustees for International TMA. In addition, our attorneys are affiliated with several Bar-Bench and trade associations, including the Advisory Committee on the Local Rules of the United States Bankruptcy Court for the District of Maryland, the Eastern District of Pennsylvania Bankruptcy Conference and Bankruptcy Task Force of the International Council of Shopping Centers.

Saul Ewing's reputation and participation within bankruptcy networks reflects the depth of our experience and supports our strategic approach to case management. To decrease the attendant risks of litigation, we use technology to enhance cost-effective strategies and deliver further case efficiencies in bankruptcy litigation.

Experience

Saul Ewing has been involved in such notable bankruptcies and related litigations as:

  • Tried a major business valuation case for more than six weeks in federal court in Chicago in connection with the Conseco bankruptcy, the third largest bankruptcy in United States history. This lengthy business valuation trial directly led to a substantial settlement for Saul Ewing clients, which was entered the day before a decision was to be announced.
  • Led trial counsel in a six-month in New Jersey Superior Court trial involving various claims of fraud and breach of fiduciary duty relating to the formation and dissolution of a joint venture in the hazardous waste management business
  • Appointed to serve as the Chapter 11 trustee in a Maryland bankruptcy case involving two individuals. We were charged with seeking to recover the debtors' prebankruptcy transfer of significant funds to an offshore asset protection trust. Saul Ewing attorneys filed a complaint attacking the trust and seeking the repatriation of the trust's assets for the benefit of the debtors' creditors. Within several months, the debtors ultimately settled the litigation for an amount representing most of the funds transferred.
  • Represented an ad hoc stockholders' committee in a large Chapter 11 case for a public company in New York, Impath Inc. We convinced the bankruptcy court to order the appointment of an official committee of equity holders over the objections of other major parties in the case. As counsel for the equity committee, Saul Ewing played a major role in negotiating the terms of the Chapter 11 plan and in settling class action litigation, as a result of which equity holders received a substantial cash distribution promptly upon the plan becoming effective.
  • Served as lead bankruptcy counsel for Owens Corning, a multibillion-dollar world leader in the manufacture and sale of building material systems and composites systems. The bankruptcy cases were commenced in the District of Delaware in order to protect the company's businesses and value for all of its constituents, and primarily to resolve asbestos claims. The cases involved numerous complex inter-creditor issues and litigation, including the valuation of present and future asbestos liabilities, substantive consolidation law, and fraudulent conveyance litigation
  • Established in the Fourth Circuit Court of Appeals, in a precedent-setting case, the rights of a software licensor to prevent a Chapter 11 debtor from returning its license rights without the licensor's consent.
 

Recognition

The group includes attorneys who have been named to the following lists:

  • Chambers USA

    Chambers and Partners uses a team of more than 140 researchers to rank lawyers on the basis of their legal knowledge and experience, their ability, their effectiveness and their client-service.

  • Benchmark Litigation

    Benchmark Litigation employs researchers who conduct interviews with litigators and their clients, examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers.

Trade Groups & Associations

Contacts

Charles O. Monk, II