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Bankruptcy Litigation

Clients rely on our comprehensive practice that covers all aspects of bankruptcy-related litigation—from disputes over plan confirmation to lender liability and equitable subordination claims to issues arising out of insurance disputes and mass tort-related bankruptcies.

We routinely represent the agents for prepetition secured lenders in major bankruptcies such as MF Global, Federal-Mogul, Sunbeam, Delphi, Reader’s Digest, Oriental Trading, Local Insight and Interstate Bakeries. In addition to generally representing secured creditors, we litigate fraudulent conveyance, preferential transfer, equitable subordination/disallowance and recharacterization claims brought against lenders and others.

Private equity clients also seek our advice concerning their current or former portfolio companies. These engagements involve the same types of avoidance and subordination claims as our lender work, as well as breach of fiduciary duty and other corporate governance-related claims. In addition, insurers also rely on us in asbestos-related bankruptcies and related proceedings.

“Clients highlight the Firm’s ‘superb litigators’ and its ‘ability to work on the most complicated and challenging cases’”
The Legal 500 2013

Clients trust the advice of our distinguished trial and bankruptcy lawyers, who have represented key players in many of the largest, most complicated reorganizations of the last decade, including Chrysler, GM, Cengage Learning, Lightsquared, United Airlines, Delta Air Lines, Enron, Adelphia, Pacific Gas & Electric, Calpine, LyondellBasell Industries and Mirant.

We excel at crafting creative out-of-court solutions to the thorniest bankruptcy disputes. When circumstances demand, our bankruptcy litigators have the necessary experience and sophistication to take cases from discovery all the way through trial and appeal.

“[Simpson Thacher is] widely recognized for representing senior lenders, and the team counts high-profile creditors such as JPMorgan, Barclays Capital, Blackstone and Deutsche Bank as clients”
Chambers USA 2012

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